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ERISA retirement plan participants adequately alleged breaches of fiduciary duties by plausibly alleging that the plan was charged excessive recordkeeping fees based on data showing rates charges to other plans and the fact that the plan switched to a lower-cost provider with no change in the kind or quality of services. Order of the district court vacated and remanded.
Defendant Patrick Vermilyea appealed the trial court's denial of his motion to suppress evidence and the order sentencing him to life in prison without parole following his convictions for first-degree robbery, possession of a weapon for an unlawful purpose, and theft by unlawful taking.
Handdown List released on:May 29, 2024
Decree and Orders signed between:May 20-24, 2024
In the Matter of Smith Percinthe v. Department of Corrections and Community Supervision
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Online Reviews of Dental Practice Are Communications Subject to Anti-SLAPP Protections
District court's order granting stay in action under Trafficking Victims Protection Reauthorization Act met all requirements of 18 U.S.C. §1595(b)(1)
In the Matter of Attorney for the Child v. John J.
Department of Education improperly promulgated new age-out rules under the Individuals with Disabilities Education Act by failing to follow mandatory rulemaking procedures as the rules had the force of law and materially affected school districts' budgeting. Petitioners' application granted, respondents' cross-application denied.
Plaintiff sought review of defendant's denial of his claim for child disability benefits and supplemental security income. The court granted defendant's uncontested motion for remand after concluding an administrative law judge failed to properly evaluate the opinion of plaintiff's treating psychiatrist regarding plaintiff's mental disability.
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