remanded for further proceedings consistent with this opinion
When the District Court found that determination inadequately supported by the evidence and remanded the case to the agency for further proceedings pursuant to sentence four of 42 U.S.C. A choice-of-law 130 S. Ct. at 2995. He was acquitted. 405(g)). prevailing at the time the fiduciary acts, 29 U.S.C. 1104(a)(1)(B), so the appropriate inquiry will be context specific. The Seventh Circuits exclusive focus on investor choice elided this aspect of the duty of prudence. WebA case is remanded when it is sent back to a trial court for further proceedings consistent with the opinion of the appellate court. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. 854 F.Supp. This is my son. Cooper responded, Thats not true. Record 1295. See 575 U.S., at 529530. ATTENTION: COVID-19 Update: We are still taking cases please call for a phone consultation! Edwards exited his cruiser, drew his service pistol and ordered Tolan and Cooper to the ground. Thus, the Second Circuit affirmed the District Courts ruling on the forced labor charge, but remanded the case back to the District Court for further proceedings on the sex trafficking charge. Proc. Because the content of the duty of prudence turns on the circumstances . in opposition filed. Brief amici curiae of AARP, AARP Foundation, et al. No. Expense ratios tend to be higher for funds that are actively managed according to the funds investment strategies, and lower for funds that passively track the makeup of a standardized index, such as the S&P 500. I note, however, that the granting of review in this case sets a precedent that, if followed in other cases, will very substantially alter the Courts practice. This Court granted certiorari. As it turned out, the prosecutors DID decline to retry Marcus on the sex trafficking charge. [|~(J~V"8"vbvuKyelj~[e*W@{#edS:m1[[#G{BrtxO& IOR8xd}YI {jiJ/RpS%7}#c|]?D{Oow/
*I. Remand means sent back to the lower court. 29 U.S.C. 1104(a)(1)(B), so the appropriate inquiry will be context specific. Amicus brief of Service Employees International Union submitted. Amicus brief of American Benefits Council submitted. . true At the beginning of a trial, only the defendant's attorney makes an . First, the investment options typically offered in retirement plans, such as mutual funds and index funds, often charge a fee for investment management services. Brief amicus curiae of Euclid Fiduciary filed. He also testified that he did not know whether he left bruises but believed that he had not. 829, as amended, 29 U.S.C. 1001 etseq., ERISA plan fiduciaries must discharge their duties with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent man acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims. 1104(a)(1)(B). This is a standard conclusion to SCOTUS opinions. Why don't they say "the case is remanded for further proceedings consistent with this opinion"? See 713 F.3d 299, 304 (CA5 2013). The Court vacates the judgment below so that the Seventh Circuit may reevaluate the allegations as a whole, considering whether petitioners have plausibly alleged a violation of the duty of prudence as articulated in Tibble under applicable pleading standards. 538 Fed. Participants claimed those administrators violated their duty of prudence by offering needlessly expensive investment options and paying excessive record-keeping fees. We do NOT represent victims of related crimes. 6. But here, too, the court did not credit directly contradictory evidence. Brief amici curiae of AARP, et al. Like investment management fees, recordkeeping fees may be calculated as a percentage of the assets for which the recordkeeper is responsible; alternatively, these fees may be charged at a flat rate per participant account. . On March 22, 2023, the 1st Circuit panel issued a revised opinion, which again vacated the district courts grant of summary judgment to Unitil Service and removed the second question in the now-withdrawn opinion regarding the generality of the employees role. Amicus brief of Investment Law Scholars submitted. Justice Barrett took no part in the consideration or decision of this petition. For more information, contact the criminal defense and post-conviction appeal team at the Federal Criminal Law Center. Lets take a look at five cases involving a criminally accused named Glenn Marcus. Web15 OPINION AND ORDER 775 F.3d 1090, 1099 (9th Cir. Al-though the parties agree that Tolans mother repeatedly informed officers that Tolan was her son, that she lived in the home in front of which he had parked, and that the vehicle he had been driving belonged to her and her husband, there is a dispute as to how calmly she provided this information. filed. WebFor these reasons, this case is remanded for further proceedings consistent with this opinion. WebAffirmed in part, vacated in part, and remanded for further proceedings consistent with this opinion by unpublished per curiam opinion. The contrary judgment of the Court of Appeals for the First Circuit is reversed, and the case is remanded for further proceedings consistent with this opinion. ]d;I
"udEknsTf?F1Zv]eIhP8L8e+[^'KSS8#_:H3UxNU'R)o4s[4Fsdt]mQ0HJoc;4)hTg+-*vdv9gMW What Does That Mean. If the fiduciaries fail to remove an imprudent investment from the plan within a reasonable time, they breach their duty. certiorari to the united states court of appeals for the seventh circuit, No. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D.C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press. Petitioners allege that respondents failure to monitor investments prudentlyby retaining recordkeepers that charged excessive fees, offering options likely to confuse investors, and neglecting to provide cheaper and otherwise-identical alternative investmentsresulted in respondents failing to remove imprudent investments from the menu of investment offerings. 12, 20. A remand goes only from a higher court to a lower court. for Cert. Resolution of this dispute compels us to reconsider our SO ORDERED. Nor do we express a view as to whether Cottons actions vio-lated clearly established law. For the following reasons, we vacate and remand. and remand for further proceedings consistent with this Opinion. Barrett, J., took no part in the consideration or decision of this case. Remand is a judicial word that means return the case. Thus, when a court remands a case, that means that they return the case to whichever court is designated. In the courts of appeals, cases presenting this question are utterly routine. The District Court granted the motion and denied leave to amend. Those claims, which were dismissed, id., at 465, 470, are not before this Court. Our qualified-immunity cases illustrate the importance of drawing inferences in favor of the nonmovant, even when, as here, a court decides only the clearly-established prong of the standard. WebRemand, in general, means to send back. 12-1079-cr (2d Cir. % Fourth, the Fifth Circuit inferred that at the time of the shooting, Tolan was moving to intervene in Sergeant Cottons interaction with his mother. not among the compelling reasons . Remand means Shortly thereafter, Sergeant Jeffrey Cotton arrived on the scene and drew his pistol. NOTE:Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The same was true for recordkeeping fees: The court noted that plan participants had options to keep the expense ratios (and, therefore, recordkeeping expenses) low. Id., at 991, n.10. The parties also dispute the manner in which Tolan responded. See United States v. Detroit Timber & Lumber Co., On this appeal, all claims and arguments were rejected. Petitioners allege that respondents failure to monitor investments prudentlyby retaining recordkeepers that charged excessive fees, offering options likely to confuse investors, and neglecting to provide cheaper and otherwise-identical alternative investmentsresulted in respondents failing to remove imprudent investments from the menu of investment offerings. Finally, respondents allegedly offered too many investment optionsover 400 in total for much of the relevant periodand thereby caused participant confusion and poor investment decisions. _____ ANN M. DONNELLY United States District Judge Dated: Brooklyn, New York March 28, 2023 s/Ann M. Donnelly Case 1:21-cv-04876-AMD Document 16 Filed 03/28/23 Page 18 of 18 PageID #: Tolan claimed, among other things, that Cotton had used excessive force against him in violation of the Fourth Amendment.2 After discovery, Cotton moved for summary judgment, arguing that the doctrine of qualified immunity barred the suit. Notes. J. USTICE. NOTE:Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. . The plans are defined-contribution plans governed by the Employee Retirement Income Security Act of 1974 (ERISA), under which each participant chooses an individual investment mix from a menu of options selected by the plan administrators. prevailing at the time the fiduciary acts, As it turned out, Tolan and Cooper were at the home where Tolan lived with his parents. 374 (2013). WebState supreme courts generally deny most appeals. This fiduciary duty of prudence governs the conduct of respondents, who administer several retirement plans on behalf of current and former employees of Northwestern University, including petitioners. Tibbles discussion of the duty to monitor plan investments applies here. Petitioners are three current or former employees of Northwestern University. These allegations must be considered in light of the principles set forth in Tibble to determine whether petitioners have stated a plausible claim for relief. 2008). DA 06-0035. Id., at 1034. For that reason, we vacate its decision and remand the case for further proceedings consistent with this opinion. The Seventh Circuit affirmed. In rejecting petitioners allegations, the Seventh Circuit did not apply Tibbles guidance. WebThe judgment of the Seventh Circuit is vacated, and the case is remanded for further proceedings consistent with this opinion. See Pet. At the time of the shooting, Tolan was unarmed on his parents front porch about 15 to 20 feet away from Cotton. Motion of United States for leave to participate in oral argument and for divided argument submitted. _________________ 1 Certain regulations expressly authorize termination or WebAffirmed in part, vacated in part, and remanded for further proceedings consistent with this opinion by unpublished per curiam opinion. (Statement of costs filed). Second, respondents allegedly offered a number of mutual funds and annuities in the form of retail share classes that carried higher fees than those charged by otherwise identical institutional share classes of the same investments, which are available to certain large investors. 2d 444 (SD Tex. The case was remanded back to the District Court. Tibbles discussion of the continuing duty to monitor plan investments applies here. As a result, respondents allegedly failed to remove imprudent investments from the Plans offerings. Joint appendix filed. [10-5790, 10-6368]. Thus, [t]he amount of fees paid were within the participants control. Ibid. Consistent with the foregoing opinion means the appellate court has told the lower court how to proceed 46. See Pet. This case reversed the decision of the Montana Supreme Court. Id., at 526. An appeals court may remand a case to the trial court for further action if it reverses the judgment of the lower court. See ibid. In Tibble, this Court explained that, even in a defined-contribution plan where participants choose their investments, plan fiduciaries are required to conduct their own independent evaluation to determine which investments may be prudently included in the plans menu of options. The parties disagree as to what happened next. The following state regulations pages link to this page. see United States v. Marcus, 130 S. Ct. 2159 (2010). Case: 21-30753 Document: 00516704267 Page: 6 Date Filed: 04/06/2023 In doing so, the judges on the Second Circuit concluded that Marcus conviction for forced labor was legally sufficient, but that his conviction for sex trafficking was not. Court, ED New York 2007). By Erin M. [2] Questions to Consider . In its opinion, the United States Supreme Court affirmed this Courts ruling and remanded for further proceedings consistent with its opinion. The court appears to have drawn this assessment from Cottons statements in a deposition that when he fired at Tolan, the porch was fairly dark, and lit by a gas lamp that was decorative. Id., at 302. Justice Sotomayor delivered the opinion of the Court. He said that it was not. The judgment of the Seventh Circuit is vacated, and the case is remanded for further proceedings consistent with this opinion. The court determined that respondents had provided an adequate array of choices, including the types of funds plaintiffs wanted (low-cost index funds). 953 F.3d, at 991. Id., at 1043. Webthat issue and remand this matter for further proceedings consistent with this decision. See Pet. 713 F. 3d 299 (2013). Blanket Consent filed by Petitioner, April Hughes, et al. In Tibble, this Court interpreted ERISAs duty of prudence in light of the common law of trusts and determined that a fiduciary normally has a continuing duty of some kind to monitor investments and remove imprudent ones. 575 U.S., at 530. Three of the higher priced investments, however, had been added to the plan outside of the 6-year statute of limitations. Petitioners allege that respondents failed to monitor the Plans investments in a number of ways, including by retaining recordkeepers that charged excessive fees, offering options likely to confuse investors, and neglecting to provide cheaper and otherwise-identical alternative investments. 405 (g), Forney appealed, contending that the agency's denial of benefits should be reversed outright. Factual and Procedural Background A jury found Movant guilty of forcibly raping and sodomizing his ex-girlfriend ("Victim"). Webremand. . The Seventh Circuit erred in relying on the participants ultimate choice over their investments to excuse allegedly imprudent decisions by respondents. Facts and Procedure {2} In March 2020, defendant-appellant Stephan White was charged with court for further proceedings consistent with this opinion. DV-03-249C. Petitioners allege that respondents violated their statutory duty of prudence in a number of ways, three of which are at issue here. Amicus brief of American Council on Education and 17 Other Higher Education Organizations submitted. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. WebHammonds v. Commissioner of Social Security Filing 26 DECISION AND ORDER: For the foregoing reasons, the Commissioner's decision is REVERSED, Plaintiff is GRANTED Judgment on the Pleadings, and this matter is REMANDED for further proceedings consistent with this Decision and Order. Supplemental brief of respondents Northwestern University, et al. The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 3, 2021. 1979, 42 U.S.C. 1983. _________________ Hughes v. Northwestern University, 595 U.S. ___ (2022). HUGHES et al. & Components Thereof, Inv. /wsGuCa*#)XBO$0TqAOm1|;rE?8];:>@>ewK1? ARGUED: Jonathan D. Byrne, We must remand this case for the district court to make AND REMANDED FOR FURTHER PROCEEDINGS . Tolan sued, alleging that Cotton had exercised excessive force in violation of the Fourth Amendment. In rejecting petitioners allegations, the Seventh Circuit did not apply Tibbles guidance but instead erroneously focused on another component of the duty of prudence: a fiduciarys obligation to assemble a diverse menu of options. The opinion can be found here. Amicus brief of Investment Company Institute submitted. 1. Motion for an extension of time to file the briefs on the merits filed. We live here. Alice M. Batchelder, Authoring Chief Circuit Judge; David W. In 2016, they sued: Northwestern University; its Retirement Investment Committee, which exercises discretionary authority to control and manage the Plans; and the individual officials who administer the Plans (collectively, respondents). Third, the Court concluded that Tolan was shouting, 713 F.3d, at 306, 308, and verbally threatening the officer, id., at 307, in the moments before the shooting. filed. The present case falls into that very large category. The bankruptcy court is ORDERED to reconsider the Kitchens factors in accordance with this ruling. Accordingly, we vacate the judgment below and remand the case for reconsideration of petitioners allegations. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D.C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press. Web5. The District Court granted summary judgment to Cotton, and the Fifth Circuit affirmed, reasoning that regardless of whether Cotton used excessive force, he was entitled to qualified immunity because he did not violate any clearly established right. Webdirect the trial court to vacate the order, and remand for further proceedings consistent with this opinion. mand ri-mand transitive verb 1 : to return (a case or matter) from one court to another especially lower court or from a court to an administrative agency A remand goes only from a higher court to a lower court. That Clause bars convictions for behavior that occurred before a new criminal law is enacted. RELEVANT FACTS AND PROCEDURAL HISTORY The appellant, Evanie E. Atencio, appeals through counsel a March 28, 2016, Board decision that denied service connection for GERD, including as secondary to service-connected sinusitis. By failing to credit evidence that contradicted some of its key factual conclusions, the court improperly weigh[ed] the evidence and resolved disputed issues in favor of the moving party, Anderson, 477 U.S., at 249. Record 20662087. Disclaimer | En Espaol. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. Brief of respondents Northwestern University, et al. Our firm knows how to fully assess an individuals case and how to identify the strongest grounds for appeal. The Court takes two actions. v. NORTHWESTERN UNIVERSITY et al. First, respondents allegedly failed to monitor and control the fees they paid for recordkeeping, resulting in unreasonably high costs to plan participants. 191401 /s/ Karen M. Fort Hood /s/ Michael J. Riordan -9- x+ | 723 0 obj (Distributed), Brief amici curiae of Chamber of Commerce of the United States of America, et al. The Petitioner further explains that a remand to the HDC will usually concern a deficiency in the record, such as a lack of findings of fact and/or conclusions of law. For defendants, a remand is usually a good thing if a post-conviction appeal has been filed. . WebDisposition: The judgment was reversed and remanded for further proceedings. Id., at 531. The rest is up to the court below. The Court is telling them the answer to one issue in the case and only wants to be sure they don't rule wrongly on that issue. that Northwestern did not make their preferred offerings available to them, and simply object[ed] that numerous additional funds were offered as well. 953 F.3d, at 991. _____ ANN M. DONNELLY United States District Judge Dated: Brooklyn, New York March 28, 2023 s/Ann M. Donnelly Case 1:21-cv-04876-AMD Document 16 Filed 03/28/23 Page 18 of 18 PageID #: Justice Alito, with whom Justice Scalia joins, concurring in the judgment. In addition, the complaint alleged that Cotton used excessive force against Tolans mother. Webreverse the judgment and remand the case to the trial court. Decided January 23, 2007. And a jury could reasonably infer that his words, in context, did not amount to a statement of intent to inflict harm. Opinion. The petition for certiorari and the NAACP Legal Defense and Educational Funds motion to file an amicus curiae brief are granted. (Distributed), Supplemental brief of petitioners April Hughes, et al.
Expense ratios tend to be higher for funds that are actively managed according to the funds investment strategies, and lower for funds that passively track the makeup of a standardized index, such as the S&P 500. I note, however, that the granting of review in this case sets a precedent that, if followed in other cases, will very substantially alter the Courts practice. This Court granted certiorari. As it turned out, the prosecutors DID decline to retry Marcus on the sex trafficking charge. [|~(J~V"8"vbvuKyelj~[e*W@{#edS:m1[[#G{BrtxO& IOR8xd}YI {jiJ/RpS%7}#c|]?D{Oow/
*I. Remand means sent back to the lower court. 29 U.S.C. 1104(a)(1)(B), so the appropriate inquiry will be context specific. Amicus brief of Service Employees International Union submitted. Amicus brief of American Benefits Council submitted. . true At the beginning of a trial, only the defendant's attorney makes an . First, the investment options typically offered in retirement plans, such as mutual funds and index funds, often charge a fee for investment management services. Brief amicus curiae of Euclid Fiduciary filed. He also testified that he did not know whether he left bruises but believed that he had not. 829, as amended, 29 U.S.C. 1001 etseq., ERISA plan fiduciaries must discharge their duties with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent man acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims. 1104(a)(1)(B). This is a standard conclusion to SCOTUS opinions. Why don't they say "the case is remanded for further proceedings consistent with this opinion"? See 713 F.3d 299, 304 (CA5 2013). The Court vacates the judgment below so that the Seventh Circuit may reevaluate the allegations as a whole, considering whether petitioners have plausibly alleged a violation of the duty of prudence as articulated in Tibble under applicable pleading standards. 538 Fed. Participants claimed those administrators violated their duty of prudence by offering needlessly expensive investment options and paying excessive record-keeping fees. We do NOT represent victims of related crimes. 6. But here, too, the court did not credit directly contradictory evidence. Brief amici curiae of AARP, et al. Like investment management fees, recordkeeping fees may be calculated as a percentage of the assets for which the recordkeeper is responsible; alternatively, these fees may be charged at a flat rate per participant account. . On March 22, 2023, the 1st Circuit panel issued a revised opinion, which again vacated the district courts grant of summary judgment to Unitil Service and removed the second question in the now-withdrawn opinion regarding the generality of the employees role. Amicus brief of Investment Law Scholars submitted. Justice Barrett took no part in the consideration or decision of this petition. For more information, contact the criminal defense and post-conviction appeal team at the Federal Criminal Law Center. Lets take a look at five cases involving a criminally accused named Glenn Marcus. Web15 OPINION AND ORDER 775 F.3d 1090, 1099 (9th Cir. Al-though the parties agree that Tolans mother repeatedly informed officers that Tolan was her son, that she lived in the home in front of which he had parked, and that the vehicle he had been driving belonged to her and her husband, there is a dispute as to how calmly she provided this information. filed. WebFor these reasons, this case is remanded for further proceedings consistent with this opinion. WebAffirmed in part, vacated in part, and remanded for further proceedings consistent with this opinion by unpublished per curiam opinion. The contrary judgment of the Court of Appeals for the First Circuit is reversed, and the case is remanded for further proceedings consistent with this opinion. ]d;I
"udEknsTf?F1Zv]eIhP8L8e+[^'KSS8#_:H3UxNU'R)o4s[4Fsdt]mQ0HJoc;4)hTg+-*vdv9gMW What Does That Mean. If the fiduciaries fail to remove an imprudent investment from the plan within a reasonable time, they breach their duty. certiorari to the united states court of appeals for the seventh circuit, No. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D.C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press. Petitioners allege that respondents failure to monitor investments prudentlyby retaining recordkeepers that charged excessive fees, offering options likely to confuse investors, and neglecting to provide cheaper and otherwise-identical alternative investmentsresulted in respondents failing to remove imprudent investments from the menu of investment offerings. 12, 20. A remand goes only from a higher court to a lower court. for Cert. Resolution of this dispute compels us to reconsider our SO ORDERED. Nor do we express a view as to whether Cottons actions vio-lated clearly established law. For the following reasons, we vacate and remand. and remand for further proceedings consistent with this Opinion. Barrett, J., took no part in the consideration or decision of this case. Remand is a judicial word that means return the case. Thus, when a court remands a case, that means that they return the case to whichever court is designated. In the courts of appeals, cases presenting this question are utterly routine. The District Court granted the motion and denied leave to amend. Those claims, which were dismissed, id., at 465, 470, are not before this Court. Our qualified-immunity cases illustrate the importance of drawing inferences in favor of the nonmovant, even when, as here, a court decides only the clearly-established prong of the standard. WebRemand, in general, means to send back. 12-1079-cr (2d Cir. % Fourth, the Fifth Circuit inferred that at the time of the shooting, Tolan was moving to intervene in Sergeant Cottons interaction with his mother. not among the compelling reasons . Remand means Shortly thereafter, Sergeant Jeffrey Cotton arrived on the scene and drew his pistol. NOTE:Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The same was true for recordkeeping fees: The court noted that plan participants had options to keep the expense ratios (and, therefore, recordkeeping expenses) low. Id., at 991, n.10. The parties also dispute the manner in which Tolan responded. See United States v. Detroit Timber & Lumber Co., On this appeal, all claims and arguments were rejected. Petitioners allege that respondents failure to monitor investments prudentlyby retaining recordkeepers that charged excessive fees, offering options likely to confuse investors, and neglecting to provide cheaper and otherwise-identical alternative investmentsresulted in respondents failing to remove imprudent investments from the menu of investment offerings. Finally, respondents allegedly offered too many investment optionsover 400 in total for much of the relevant periodand thereby caused participant confusion and poor investment decisions. _____ ANN M. DONNELLY United States District Judge Dated: Brooklyn, New York March 28, 2023 s/Ann M. Donnelly Case 1:21-cv-04876-AMD Document 16 Filed 03/28/23 Page 18 of 18 PageID #: 
374 (2013). WebState supreme courts generally deny most appeals. This fiduciary duty of prudence governs the conduct of respondents, who administer several retirement plans on behalf of current and former employees of Northwestern University, including petitioners. Tibbles discussion of the duty to monitor plan investments applies here. Petitioners are three current or former employees of Northwestern University. These allegations must be considered in light of the principles set forth in Tibble to determine whether petitioners have stated a plausible claim for relief. 2008). DA 06-0035. Id., at 1034. For that reason, we vacate its decision and remand the case for further proceedings consistent with this opinion. The Seventh Circuit affirmed. In rejecting petitioners allegations, the Seventh Circuit did not apply Tibbles guidance. WebThe judgment of the Seventh Circuit is vacated, and the case is remanded for further proceedings consistent with this opinion. See Pet. At the time of the shooting, Tolan was unarmed on his parents front porch about 15 to 20 feet away from Cotton. Motion of United States for leave to participate in oral argument and for divided argument submitted. _________________ 1 Certain regulations expressly authorize termination or WebAffirmed in part, vacated in part, and remanded for further proceedings consistent with this opinion by unpublished per curiam opinion. (Statement of costs filed). Second, respondents allegedly offered a number of mutual funds and annuities in the form of retail share classes that carried higher fees than those charged by otherwise identical institutional share classes of the same investments, which are available to certain large investors. 2d 444 (SD Tex. The case was remanded back to the District Court. Tibbles discussion of the continuing duty to monitor plan investments applies here. As a result, respondents allegedly failed to remove imprudent investments from the Plans offerings. Joint appendix filed. [10-5790, 10-6368]. Thus, [t]he amount of fees paid were within the participants control. Ibid. Consistent with the foregoing opinion means the appellate court has told the lower court how to proceed 46. See Pet. This case reversed the decision of the Montana Supreme Court. Id., at 526. An appeals court may remand a case to the trial court for further action if it reverses the judgment of the lower court. See ibid. In Tibble, this Court explained that, even in a defined-contribution plan where participants choose their investments, plan fiduciaries are required to conduct their own independent evaluation to determine which investments may be prudently included in the plans menu of options. The parties disagree as to what happened next. The following state regulations pages link to this page. see United States v. Marcus, 130 S. Ct. 2159 (2010). Case: 21-30753 Document: 00516704267 Page: 6 Date Filed: 04/06/2023 In doing so, the judges on the Second Circuit concluded that Marcus conviction for forced labor was legally sufficient, but that his conviction for sex trafficking was not. Court, ED New York 2007). By Erin M. [2] Questions to Consider . In its opinion, the United States Supreme Court affirmed this Courts ruling and remanded for further proceedings consistent with its opinion. The court appears to have drawn this assessment from Cottons statements in a deposition that when he fired at Tolan, the porch was fairly dark, and lit by a gas lamp that was decorative. Id., at 302. Justice Sotomayor delivered the opinion of the Court. He said that it was not. The judgment of the Seventh Circuit is vacated, and the case is remanded for further proceedings consistent with this opinion. The court determined that respondents had provided an adequate array of choices, including the types of funds plaintiffs wanted (low-cost index funds). 953 F.3d, at 991. Id., at 1043. Webthat issue and remand this matter for further proceedings consistent with this decision. See Pet. 713 F. 3d 299 (2013). Blanket Consent filed by Petitioner, April Hughes, et al. In Tibble, this Court interpreted ERISAs duty of prudence in light of the common law of trusts and determined that a fiduciary normally has a continuing duty of some kind to monitor investments and remove imprudent ones. 575 U.S., at 530. Three of the higher priced investments, however, had been added to the plan outside of the 6-year statute of limitations. Petitioners allege that respondents failed to monitor the Plans investments in a number of ways, including by retaining recordkeepers that charged excessive fees, offering options likely to confuse investors, and neglecting to provide cheaper and otherwise-identical alternative investments. 405 (g), Forney appealed, contending that the agency's denial of benefits should be reversed outright. Factual and Procedural Background A jury found Movant guilty of forcibly raping and sodomizing his ex-girlfriend ("Victim"). Webremand. . The Seventh Circuit erred in relying on the participants ultimate choice over their investments to excuse allegedly imprudent decisions by respondents. Facts and Procedure {2} In March 2020, defendant-appellant Stephan White was charged with court for further proceedings consistent with this opinion. DV-03-249C. Petitioners allege that respondents violated their statutory duty of prudence in a number of ways, three of which are at issue here. Amicus brief of American Council on Education and 17 Other Higher Education Organizations submitted. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. WebHammonds v. Commissioner of Social Security Filing 26 DECISION AND ORDER: For the foregoing reasons, the Commissioner's decision is REVERSED, Plaintiff is GRANTED Judgment on the Pleadings, and this matter is REMANDED for further proceedings consistent with this Decision and Order. Supplemental brief of respondents Northwestern University, et al. The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 3, 2021. 1979, 42 U.S.C. 1983. _________________ Hughes v. Northwestern University, 595 U.S. ___ (2022). HUGHES et al. & Components Thereof, Inv. /wsGuCa*#)XBO$0TqAOm1|;rE?8];:>@>ewK1? ARGUED: Jonathan D. Byrne, We must remand this case for the district court to make AND REMANDED FOR FURTHER PROCEEDINGS . Tolan sued, alleging that Cotton had exercised excessive force in violation of the Fourth Amendment. In rejecting petitioners allegations, the Seventh Circuit did not apply Tibbles guidance but instead erroneously focused on another component of the duty of prudence: a fiduciarys obligation to assemble a diverse menu of options. 
The opinion can be found here. Amicus brief of Investment Company Institute submitted. 1. Motion for an extension of time to file the briefs on the merits filed. We live here. Alice M. Batchelder, Authoring Chief Circuit Judge; David W. In 2016, they sued: Northwestern University; its Retirement Investment Committee, which exercises discretionary authority to control and manage the Plans; and the individual officials who administer the Plans (collectively, respondents). Third, the Court concluded that Tolan was shouting, 713 F.3d, at 306, 308, and verbally threatening the officer, id., at 307, in the moments before the shooting. filed. The present case falls into that very large category. The bankruptcy court is ORDERED to reconsider the Kitchens factors in accordance with this ruling. Accordingly, we vacate the judgment below and remand the case for reconsideration of petitioners allegations. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D.C. 20543, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press. Web5. The District Court granted summary judgment to Cotton, and the Fifth Circuit affirmed, reasoning that regardless of whether Cotton used excessive force, he was entitled to qualified immunity because he did not violate any clearly established right. Webdirect the trial court to vacate the order, and remand for further proceedings consistent with this opinion. mand ri-mand transitive verb 1 : to return (a case or matter) from one court to another especially lower court or from a court to an administrative agency A remand goes only from a higher court to a lower court. That Clause bars convictions for behavior that occurred before a new criminal law is enacted. 
RELEVANT FACTS AND PROCEDURAL HISTORY The appellant, Evanie E. Atencio, appeals through counsel a March 28, 2016, Board decision that denied service connection for GERD, including as secondary to service-connected sinusitis. By failing to credit evidence that contradicted some of its key factual conclusions, the court improperly weigh[ed] the evidence and resolved disputed issues in favor of the moving party, Anderson, 477 U.S., at 249. Record 20662087. Disclaimer | En Espaol. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. Brief of respondents Northwestern University, et al. Our firm knows how to fully assess an individuals case and how to identify the strongest grounds for appeal. The Court takes two actions. v. NORTHWESTERN UNIVERSITY et al. First, respondents allegedly failed to monitor and control the fees they paid for recordkeeping, resulting in unreasonably high costs to plan participants. 191401 /s/ Karen M. Fort Hood /s/ Michael J. Riordan -9- x+ | 723 0 obj (Distributed), Brief amici curiae of Chamber of Commerce of the United States of America, et al. The Petitioner further explains that a remand to the HDC will usually concern a deficiency in the record, such as a lack of findings of fact and/or conclusions of law. For defendants, a remand is usually a good thing if a post-conviction appeal has been filed. . WebDisposition: The judgment was reversed and remanded for further proceedings. Id., at 531. The rest is up to the court below. The Court is telling them the answer to one issue in the case and only wants to be sure they don't rule wrongly on that issue. that Northwestern did not make their preferred offerings available to them, and simply object[ed] that numerous additional funds were offered as well. 953 F.3d, at 991. _____ ANN M. DONNELLY United States District Judge Dated: Brooklyn, New York March 28, 2023 s/Ann M. Donnelly Case 1:21-cv-04876-AMD Document 16 Filed 03/28/23 Page 18 of 18 PageID #: 
Decided January 23, 2007. And a jury could reasonably infer that his words, in context, did not amount to a statement of intent to inflict harm. Opinion. The petition for certiorari and the NAACP Legal Defense and Educational Funds motion to file an amicus curiae brief are granted. (Distributed), Supplemental brief of petitioners April Hughes, et al. 