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Weil Secures Dismissal for Duke Energy in Proposed Nuclear Industry Wage-Fixing Class Action

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On August 5, 2026, Weil secured a significant victory for Duke Energy in a putative class action alleging that 45 entities involved in nuclear power generation conspired to suppress employee compensation. Judge Adam B. Abelson of the U.S. District Court for the District of Maryland dismissed all claims without prejudice.

The amended complaint alleged that HR professionals at nuclear power companies exchanged confidential wage information with their peers through industry meetings and direct communications. Plaintiffs also alleged that the companies “aligned” compensation across the industry and suppressed wages for workers employed in nuclear power generation. The amended complaint brought separate claims for wage-fixing and information exchange conspiracies.

In a detailed memorandum opinion, Judge Abelson adopted the position that Weil advanced in its briefs that the amended complaint was untimely because the named plaintiffs did not allege that they were employed by, or received suppressed wages from, any defendant during the Sherman Act’s four-year limitations period. The Court also rejected Plaintiffs’ continuing-violation and fraudulent-concealment theories, and concluded that the wage fixing allegations failed to plausibly state a per se Sherman Act claim. Judge Abelson dismissed the wage fixing claim for failure to plead direct or circumstantial evidence to fix wages, while withholding judgment on the information exchange claim in light of the statute of limitations determination.

The Weil team representing Duke Energy was led by Diane Sullivan, Chantale Fiebig, Meagan Bellshaw, Daniel Nadratowski, and associates Brian Williamson, Caroline Elvig, Isabelle Sehati, and Kaitlyn Ezell.

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