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ERISA – Fiduciary Duty
The Employee Retirement Income Security Act of 1974 (ERISA) requires plaintiffs with “actual knowledge” of an alleged fiduciary breach to file suit within three years of gaining that knowledge, 29 U. S. C. §1113(2), rather than within the 6-year period that would otherwise apply.
Sentencing Guidelines
Petitioner Holguin-Hernandez was convicted on drug charges and sentenced to 60 months in prison and five years of supervised release while he was still serving a term of supervised release for an earlier conviction.
Statutory Interpretation – Armed Career Criminal Act
The Armed Career Criminal Act (ACCA) mandates a 15-year minimum sentence for a defendant convicted of being a felon in possession of a firearm who has at least three convictions for “serious drug offense[s].” 18 U. S. C. §924(e)(1).
Pleas & Sentencing – Collateral Review
An Arizona jury convicted petitioner James McKinney of two counts of first-degree murder.
Damages
United States Border Patrol Agent Jesus Mesa, Jr., shot and killed Sergio Adrián Hernández Güereca, a 15-year-old Mexican national, in a tragic and disputed cross-border incident.
ICARA – Habitual Residence
Petitioner Monasky, a U. S. citizen, asserts that her Italian husband, respondent Taglieri, became abusive after the couple moved to Italy from the United States.
Pension Benefits – Jurisdictional Defect
In 1979, the Office of the Superintendent of Catholic Schools of the Archdiocese of San Juan created a trust to administer a pension plan for employees of Catholic schools, aptly named the Pension Plan for Employees of Catholic Schools Trust (Trust).
ERISA – Fiduciary Duty
In Fifth Third Bancorp v. Dudenhoeffer, 573 U. S. 409 (2014), we held that “[t]o state a claim for breach of the duty of prudence” imposed on plan fiduciaries by the Employee Retirement Income Security Act of 1974 (ERISA) “on the basis of inside information, a plaintiff must plausibly allege an alternative action that the defendant could have taken that would have been consistent with the se[...]
Bankruptcy – Automatic Stay
Under the Bankruptcy Code, filing a petition for bankruptcy automatically “operates as a stay” of creditors’ debt collection efforts outside the umbrella of the bankruptcy case. 11 U. S. C. §362(a).
Statutory Interpretation – Patent Act – Expenses
Section 145 of the Patent Act affords applicants “dissatisfied with the decision of the Patent Trial and Appeal Board” an opportunity to file a civil action in the United States District Court for the Eastern District of Virginia. 35 U. S. C. §145.
FDCPA Violation – Statute of Limitations
The Fair Debt Collection Practices Act (FDCPA) authorizes private civil actions against debt collectors who engage in certain prohibited practices. 91 Stat. 881, 15 U. S. C. §1692k(a).
1st Amendment Violation – Political Contribution Limits
1st Amendment Violation – Political Contribution Limits
Polls
Loading ...Legal News
- Waukesha man sentenced to 30 years for Sex Trafficking
- 12-year-old shot in Milwaukee Wednesday with ‘serious injuries’
- Milwaukee man convicted of laundering proceeds of business email compromise fraud schemes
- Giuliani, Meadows among 18 indicted in Arizona fake electors case
- Some State Bar diversity participants walk away from program
- Wisconsin court issues arrest warrant ‘in error’ for Minocqua Brewing owner
- Iranian nationals charged cyber campaign targeting U.S. Companies
- Facing mostly white juries, are Milwaukee County defendants of color truly judged by their peers?
- Milwaukee Mayor speaks in D.C. Tuesday at White House water summit
- Chicago man sentenced to prison after being caught with ‘Trump Gun’
- FTC bans non-competes
- Gov. Evers seeks applicants for Dane County Circuit Court
WLJ People
- Power 30 Personal Injury Attorneys – Russell Nicolet
- Power 30 Personal Injury Attorneys – Benjamin Nicolet
- Power 30 Personal Injury Attorneys – Dustin T. Woehl
- Power 30 Personal Injury Attorneys – Katherine Metzger
- Power 30 Personal Injury Attorneys – Joseph Ryan
- Power 30 Personal Injury Attorneys – James M. Ryan
- Power 30 Personal Injury Attorneys – Dana Wachs
- Power 30 Personal Injury Attorneys – Mark L. Thomsen
- Power 30 Personal Injury Attorneys – Matthew Lein
- Power 30 Personal Injury Attorneys – Jeffrey A. Pitman
- Power 30 Personal Injury Attorneys – William Pemberton
- Power 30 Personal Injury Attorneys – Howard S. Sicula
