Terex Corporation

Summary of Pending Case: On February 23, 2010, Shepherd, Finkelman, Miller & Shah, LLP, along with co-counsel, filed a Class Action Complaint on behalf of Plaintiff, Mark Caswell, against Terex Corporation (“Terex”) and various fiduciaries of Terex (collectively, “Defendants”) relating to Terex and affiliates’ 401(k) Retirement Savings Plan (the “Plan”). The case is filed in the United States District Court for the District of Connecticut and is assigned to the Honorable Robert N. Chatigny. Plaintiff, on behalf of the Plan alleges that Defendants breached their fiduciary duties to the Plan participants and as a result, the Plan has suffered substantial losses. The Complaint seeks to recover losses to the Plan under the Employment Retirement Income Security Act (“ERISA”) Sections 409 and 502(a)(2), 29 U.S.C. Sec. 1109 and 1132(a)(2). In addition, under Section 502(a)(3) of ERISA, 29 U.S.C. Sec. 1132(a)(3), Plaintiff seeks other equitable relief from Defendants, including, among other things, injunctive relief, a constructive trust and restitution.

Status of Pending Case: Plaintiff is in the process of serving defendants with the Complaint. The Court has issued an order which requires any amended pleadings by April 24, 2010 and discovery is due by August 25, 2010.

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