Cummins Inc.

Case Caption: In re Cummins Inc. Stockholder Derivative Litigation

Court: Commercial Court Docket of the Marion Superior Court

Case Number: 49D01-2604-CE-022968

Judge: Honorable Christina R. Kleinman

Plaintiff: New York-New Jersey Amalgamated Pension Plan for Acme Employees, Welfare and Pension Funds for Local 464A Pension Fund, Yael Respler, and Charles Blackburn

Defendant: Gary L. Belske, Robert J. Bernard, Franklin R. Chang Diaz, Bruno V. di Leo Allen, Stephen B. Dobbs, Richard J. Freeland, Carla A. Harris, Robert K. Herdman, Alexis M. Herman, Melina M. Kennedy. N. Thomas Linebarger, Thomas J. Lynch, Brett Merritt, William I. Miller, Georgia R. Nelson, Kimberly A. Nelson, Srikanth Padmanabhan, Karen H. Quintos, Jennifer W. Rumsey, Mark J. Sifferlen, Mark A. Smith, and Cummins Inc.

This breach of fiduciary duty action seeks to hold the directors and officers of Cummins Inc. (“Cummins” or the “Company”) accountable for the Company’s failure to comply with state and federal emissions standards, which caused Cummins to incur massive expense by way of recalls and regulatory fines, harming both the Company and its public stockholders. Cummins is one of the largest diesel engine manufacturers in the United States and its products must comply with extensive regulations concerning emissions standards. Consequently, compliance with emissions standards is one of the core risks to the Company’s financial performance, and Cummins’ directors and officers are required to establish, oversee, and maintain procedures designed to ensure such compliance.

Plaintiffs allege that for years, Cummins’ directors and officers failed to ensure that Cummins had an adequate system in place to ensure compliance with emissions standards, failed to address the Company’s well-known compliance deficiencies, implemented devices designed to cheat state and federal emissions tests, and allowed the Company to repeat violations for which it had previously been punished by regulators. In connection with the foregoing, from 2013 to 2023, Cummins recalled nearly one million vehicles and has been fined more than $2 billion, the second largest environmental penalty of all time.

On July 19, 2024, KTMC filed a Verified Shareholder Derivative Complaint on behalf of Cummins stockholders alleging breach of fiduciary duty against the Company’s directors and officers in connection with emissions standards violations. The court subsequently denied Defendants’ Motion to Dismiss. In April 2026, KTMC’s action was consolidated with several similar actions against the Company for case management purposes. On June 3, 2026, KTMC was appointed co-lead counsel in the consolidated action and was tasked with making case management decisions on behalf of the putative class. Plaintiffs, led by KTMC as co-lead counsel, are currently pursuing discovery from Defendants and are moving the litigation toward trial on behalf of Cummins stockholders.

KTMC’s case team includes J. Daniel Albert, Eric Zagar, and Kevin Kennedy.