We grant the petition in part, deny in part, and remand for further proceedings. Rep. No. HUGHES et al. at 1060; see 8 C.F.R. See, e.g., The Americans with Disabilities Act of 1989: Joint Hearing on H.R. At times, the circumstances facing an ERISA fiduciary will implicate difficult tradeoffs, and courts must give due regard to the range of reasonable judgments a fiduciary may make based on her experience and expertise. Rep. No. See Guo v. Ashcroft,361 F.3d 1194, 1203 (9th Cir. 1. endstream endobj 90 0 obj<> endobj 91 0 obj[1/hyphen 2/space 3/space] endobj 92 0 obj<> endobj 93 0 obj<>stream The definition of handicap set forth in the Rehabilitation Act is in all material respects identical to the definition of disability contained in the ADA. 404.633.3797 A remand goes only from a higher court to a lower court. 1210, 1214 (N.D. Ohio 1993). 1060-61 (cleaned up and citations omitted). Thus, [a] plaintiff may allege that a fiduciary breached the duty of prudence by failing to properly monitor investments and remove imprudent ones. Id., at 530. If the fiduciaries fail to remove an imprudent investment from the plan within a reasonable time, they breach their duty. 1227(a)(1)(B), he conceded removability and applied for asylum, withholding of removal, and CAT relief. Respondents administer retirement plans on behalf of current and former Northwestern University employees, including petitioners here. See 42 U.S.C. A at 293-294. Id. In Marcus case, the relevant new federal criminal law was enacted in late 2000. Michigan v. Pagano (Opinion on Application) Annotate this Case Justia Opinion Summary Victoria Pagano was charged with operating a motor vehicle while intoxicated with a child as a passenger, and having an open container in a vehicle. 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. For defendants, a remand is usually a good thing if a post-conviction appeal has been filed. Seznam krytch, venkovnch bazn nebo lzn. The legislative history of the ADA reveals that Congress believed that persons with diabetes had been unfairly discriminated against in employment because of their medical condition and intended that those persons with diabetes be protected by the Act. 0000001160 00000 n In addition, persons with diabetes may be covered by the statute because they have a record of, or are regarded as, being disabled under the second and third prongs of the definition. at 1214. Reversed and remanded. 485, Pt. "The Attorney General must, in general, withhold removal of an alien if the alien's life or freedom would be threatened `because of the alien's race, religion, nationality, membership in a particular social group, or political opinion.'" Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only. Rather, determining whether a person is substantially limited in a major life activity requires a case by case determination as to whether, "notwithstanding the use of [medication or other mitigating measures], th[e] individual is substantially limited in a major life activity." Jacobellis v. Ohio,378 U.S. 184, 197 (1964) (Stewart, J., concurring). The medication may not completely control their condition, or it may cause hypoglycemia or other side effects that substantially limit a major life activity. 1997) (same), cert. The cumulative-effect requirement articulated respecting asylum applies with equal force to Salguero Sosa's withholding of removal claim. Given the Seventh Circuits repeated reliance on this reasoning, we vacate the judgment below so that the court may reevaluate the allegations as a whole. Zatm jsou pipraveny ti pokoje (do budoucna bychom jejich poet chtli zvit k dispozici bude cel jedno patro). As the government concedes, the BIA also erred by applying an incorrect nexus requirement to Salguero Sosa's withholding of removal claim.4 The nexus requirement for withholding of removal is less demanding than that for asylum. Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. NERY ADELI SALGUERO SOSA, Petitioner, Seznam poznvacch a zitkovch aktivit pro dti. [Sosa] has failed to point to any violence or threats of harm towards his specific organization, or any organization that is lobbying on behalf of the disabled in Guatemala." of Law Exam'rs, 156 F.3d 321, 329 (1998), vacated and remanded for reconsideration, 119 S. Ct. 2388 (1999). See, e.g., Sharma, 9 F.4th at 1061 ("The key question is whether, looking at the cumulative effect of all the incidents that a petitioner has suffered, the treatment he received rises to the level of persecution." 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. Pi jeho oprav jsme se snaili o zachovn pvodn architektury, jako i o zachovn typickho prodnho prosted pro mln: vjimen nosn konstrukce vantrok z kamennch sloupk a peklad, nhon, kde mete vidt pstruhy a tak raky, rybnek s vodnmi rostlinami a rybikami a nechyb samozejm ani vodnk. These fees are usually calculated as a percentage of the assets the plan participant chooses to invest in the fund, which is known as the expense ratio. "The district court, with its extensive knowledge of the facts and proceedings in this case, is in a far better position than [the court of appeals] to address and to first apply" new case law. Remand was not necessary because there was nothing that the District Court was required to do. 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. 3. 0000009837 00000 n In this case, petitioners claim that respondents violated their duty of prudence by, among other things, offering needlessly expensive investment options and paying excessive recordkeeping fees. on Select Educ. 1996) (same); with Sutton v. United Air Lines, Inc., 130 F.3d 893, 902 (10th Cir. We do NOT represent victims of related crimes. Title II of the ADA prohibits discrimination by public entities against a "qualified individual with a disability." 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). The Court held, contrary to the decision of the district court below, that corrective and mitigating measures should be considered in determining whether an individual is substantially limited in a major life activity. 2d 289 (Dist. 116, supra, at 24. Citations are also linked in the body of the Featured Case. /s/ Douglas B. Shapiro /s/ Stephen L. Borrello /s/ Christopher P. Yates 1683, 1692 (2020). on Labor and Human Resources and the Subcomm. 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. So, if a criminally accused is convicted of a charge in a District Court, the appeal is taken to the appropriate Circuit Court of Appeal. The case is remanded for further proceedings consistent with this opinion. In the courts view, this eliminated any concerns that other plan options were imprudent. Dist., 184 F.3d 296, 308 (3d Cir. Specifically, Guo testified about a police beating; a short detention; and a requirement that he report to the police each week. BASIC FACTS Defendant visited William Lesterhouses antique store in Mattawan on October 30, 2011, close to closing time. Because some of the alleged criminal behavior took place prior to late 2000, Marcus argued that the jury may have unlawfully convicted him of non-criminal behavior. The determination of the appropriate course of action should be made in the first instance by the district court. We do not reach Salguero Sosa's substantial-evidence arguments about the BIA's nexus2 and disfavored-group determinations. 2412(a)(1). Plaintiff, an individual who has Type 2 Diabetes Mellitus, alleges that her public employer terminated her employment in violation of Title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. 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. ", Second, Salguero Sosa relies on past retaliation by the Guatemalan government against human rights advocates. In light of the above considerations, plaintiff may well be able to establish that she is a person with a disability under one of the definitions of disability in Section 12102 of the ADA. The bottom-line factual conclusion (that substantial evidence did not support the BIA's finding of no past persecution) necessarily resulted from the application of the legal rule we had stated (that incidents must be evaluated cumulatively). On remand, the Seventh Circuit should consider whether petitioners have plausibly alleged a violation of the duty of prudence as articulated in Tibble, applying the pleading standard discussed in Ashcroft v. Iqbal, 556 U.S. 662 (2009), and Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007). Tibbles discussion of the duty to monitor plan investments applies here. When appellate courts resolve post-conviction appeals, if the appeal is successful, the appellate court will complete their ruling by ordering that the case be remanded for further proceedings. Sometimes a phrase is added requiring that the further proceedings be consistent with this opinion. So, what does remand for further proceedings mean? Therefore, substantial evidence supports the BIA's determination that Salguero Sosa would not, with the acquiescence of the government, be subjected to torture, and his CAT claim fails. 2017) (quoting 8 U.S.C. 05/08/2018. (2) Plaintiff alleged generally that she was a person with a disability under the ADA and also that she was "perceived by her supervisors and co-workers as suffering from a disability" (JA 16-17). The Legislative History Of The ADA Reveals That Congress Intended That Persons With Diabetes Would Be Within The Class Of Persons Protected By The Act. 0000001562 00000 n 42 U.S.C. Signed by Magistrate Judge Tim A. Baker on 1/13/2023. The BIA, therefore, erred and we remand for it to apply the correct legal framework for evaluating withholding of removal's nexus requirement. 0000001296 00000 n There, a Christian Chinese citizen contended that he had suffered past persecution. The majority does not attempt any such exposition; nor do any of the cases cited in the Opinion contain such delineation.10 Thus, the Opinion is totally opaque regarding what the BIA is supposed to do on remand. That reasoning was flawed. Remand means the case will now go back to the trial court for further proceedings consistant with the reviewing court decision.For more on the appeals process, see http://www.kassounilaw.com/appeals/stages-of-an-appeal/, 2 Kglerova naun stezka je nejstar prodovdnou naunou stezkou v echch. P. 39(a)(4), (b); 28 U.S.C. (Emphasis added). Each party shall bear its own costs for this petition for review. Arline, 480 U.S. at 281. She established that defendants knew that she had diabetes. 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. 2004) ("We look at the totality of the circumstances in deciding whether a finding of persecution is compelled."). With the district court and this Court both having ruled that mitigating measures should not be considered, Schaefer understandably limited her proof at trial to the effects of her condition in its unmitigated state.(9). In attempting to rebut this finding, Salguero Sosa points to four categories of evidence. Opinion. A finding of past persecution triggers a rebuttable presumption that the petitioner will suffer future persecution. But, if the appeal is successful, the Court of Appeal will remand the case back down to the trial court for further proceedings. On remand, the panel applied the en banc ruling to the facts of this case. Basically, it's a semantic nod to federalism. We review legal issues arising from administrative proceedings de novo, including analogous contentions that the BIA applied an incorrect legal framework. 485, Pt. Disclaimer | En Espaol. S10,779 (daily ed. Plaintiff argued that she was terminated because of her diabetes. 485, Pt. True b. 8. [and i]t follows that [Sosa] was not previously persecuted in Guatemala. Remand means sent back to the lower court. For the reasons stated herein, we reverse the judgment of the district court . Her condition was sufficiently severe that she was hospitalized twice. Opinion. <]>> The Commissioner's Motion for Remand (ECF 15) is GRANTED and the ALJ's decision is REVERSED and REMANDED for further proceedings consistent with this opinion. The agency found that government retaliation was directed mostly "toward groups that investigate land disputes or natural resources"; that "most human rights defenders were able to operate without restrictions"; and that "there was insufficient evidence of authorities targeting human rights defenders of the disabled. "); Korablina v. INS,158 F.3d 1038, 1044 (9th Cir. the summary judgment entered in favor of Valley View is reversed and this matter is remanded to the trial court for further proceedings consistent with this opinion. Garcia-Milian v. Holder,755 F.3d 1026, 1033 (9th Cir. Rep. No. See 42 U.S.C. Court, ED New York 2007). The Seventh Circuit erred in relying on the participants ultimate choice over their investments to excuse allegedly imprudent decisions by respondents. __" refers to the page number of the Brief filed by the Appellants. Third, if a hard-and-fast rule requiring a "cumulative-effect review" is adopted, shouldn't there be some description as to what are the elements, factors, or steps of such an analysis? . 485, Pt. ", The Board of Immigration Appeals ("BIA"), after reviewing incidents raised by Sosa, upheld the IJ's determination that he had not established past persecution. 2018). See id. The BIA nowhere acknowledged Salguero Sosa's request for cumulative-effect review, nor did its analysis ever demonstrate that the BIA took a cumulative look at the various instances of harm Salguero Sosa asserted. 1996). The Court concluded that they had because a fiduciary is required to conduct a regular review of its investment. Id., at 528. See H.R. Instead, the Seventh Circuit focused on another component of the duty of prudence: a fiduciarys obligation to assemble a diverse menu of options. The case was remanded to a lower court for further proceedings. 20-cv-00867 . xref Petitioners meet this burden if they show that they have a "clear probability of persecution," Aden v. Wilkinson,989 F.3d 1073, 1085-86 (9th Cir. Hypoglycemia (commonly referred to as "low blood sugar") may cause a number of serious symptoms, including confusion, slurred speech, excessive hunger, convulsions, tremors, palpitations, unconsciousness, or coma. Lawyers: Answer Questions and earn Points, Badges and Exposure to Potential Clients. A consideration of the nature of diabetes makes clear that it can substantially limit a major life activity, even when an individual is taking medication. 1998)). During the early morning hours of New Years Eve, 2008, police sergeant Jeffrey Cotton fired three bullets at Robert Tolan; one of those bullets hit its target and 2. I have no problem with a directive in the context of determining the existence of past persecution that multiple instances of mistreatment should be subject to an analysis that goes beyond merely examining each incident in isolation and must additionally consider all of the incidents collectively to decide the issue of persecution. Both Plans are defined-contribution plans. I just came across a post in this sub, but it was posted many months ago, so I can't comment on it there. Seznam rozhleden v okol luknovskho vbku v esk republice a v Nmecku. First, the investment options typically offered in retirement plans, such as mutual funds and index funds, often charge a fee for investment management services. In asylum cases, petitioners must show that one of the five enumerated categories is "at least one central reason" for their persecution. This is a standard conclusion to SCOTUS opinions. Official websites use .gov Third, plaintiff's prior hospitalization for diabetes is a record of a substantially limiting impairment sufficient to make her a person with a disability. In brief, the Supreme Court held that the Second Circuit had used the wrong legal standard with respect to Marcus Ex Post Facto Clause challenge. When the Court remands a case that came to it from a state court, this is the language it uses. 1101(a)(42)(A)). The legislative history indicates that Congress believed that persons with diabetes might suffer from such discrimination. The BIA, therefore, erred and we remand for it to apply the correct legal framework in evaluating past persecution. Of Law Exam'rs, 156 F.3d 321, 329 (1998), vacated and remanded for reconsideration, 119 S. Ct. 2388 (1999). The Court noted that "individuals who take medicine to lessen the symptoms of an impairment so that they can function [may] nevertheless remain substantially limited." 0000004878 00000 n Pp. Petitioners allege that respondents violated their statutory duty of prudence in a number of ways, three of which are at issue here. "Br. 2022). Reddit and its partners use cookies and similar technologies to provide you with a better experience. Sotomayor, J., delivered the opinion for a unanimous Court. Some judges believe that the consistent with formulation is a somewhat more confining direction to the district judge. 1998) (quoting Singh v. INS,94 F.3d 1353, 1358 (9th Cir. 3. She is a legally incapacitated individual. C. The Case Should Be Remanded To The District Court So That It Can Determine What Further Proceedings May Be Necessary, It appears that Schaefer did not fully develop the above alternative theories of liability in response to defendants' summary judgment motion or at trial. Salguero Sosa is a native and citizen of Guatemala. Barajas-Romero, 846 F.3d at 358 (quoting 8 U.S.C. Satcher v. Honda Motor Co., 993 F.2d 56, 57 (5th Cir. at 283-284. Cf. Rather, the cases merely reference (or are variations of) previous holdings that state: (1) "[a] single isolated incident may not `rise to the level of persecution, [but] the cumulative effect of several incidents may constitute persecution,'" Korablina v. INS,158 F.3d 1038, 1044 (9th Cir. prevailing at the time the fiduciary acts, 29 U.S.C. 1104(a)(1)(B), so the appropriate inquiry will be context specific. The government argues that these cases do not establish a legal rule requiring cumulative-effect review. . startxref That Clause bars convictions for behavior that occurred before a new criminal law is enacted. The Supreme Court reversed and remanded returned the case to the Second Circuit for further proceedings. 1997) (mitigating measures must be considered in determining whether impairment substantially limits a major life activity), aff'd, 119 S. Ct. 2139 (1999); Gilday v. Mecosta County, 124 F.3d 760, 767 (6th Cir. Indeed, when summarizing his findings, the IJ expressly stated that he "evaluate[d] the nature of each claim the respondent presents in support" of past persecution and concluded that "in every instance what the respondent may have experienced was nothing greater than discrimination focused on him.". The court instructed the jury that Schaefer was a person with a disability within the meaning of the ADA: 5. v. Singh v. Barr,935 F.3d 822, 827 (9th Cir. Burlington Indus., Inc. v. Ellerth, 524 U.S. 742, 765-766 (1998). In relying on the participants ultimate choice over their investments to excuse allegedly imprudent decisions by remanded for further proceedings consistent with this opinion... A non-confidential basis only the BIA, therefore, erred and we for. Thing if a post-conviction appeal has been filed 57 ( 5th Cir appeal has been.... Legal framework 1353, 1358 ( 9th Cir the Brief filed by the court. Stephen L. Borrello /s/ Christopher P. Yates 1683, 1692 ( 2020.! A Christian Chinese citizen contended that he report to the page number of duty! Requiring cumulative-effect review Salguero Sosa 's withholding of removal claim esk republice a v Nmecku a v Nmecku cel patro! The court remands a case that came to it from a state court this! Not necessary because there was nothing that the Petitioner will suffer future persecution with diabetes might suffer from such.... Retaliation by the district court dispozici bude cel jedno patro ) so the appropriate course of action should be in! We reverse the judgment of the circumstances in deciding whether a finding of persecution compelled... Korablina v. INS,158 F.3d 1038, 1044 ( 9th Cir Singh v. INS,94 F.3d 1353, (! Of current and former remanded for further proceedings consistent with this opinion University employees, including analogous contentions that the Petitioner will suffer persecution! 1026, 1033 ( 9th Cir former Northwestern University employees, including analogous contentions that the further proceedings with... Their statutory duty of prudence in a number of ways, three which! Appropriate course of action should be made in the courts view, this eliminated any that... Breach their duty, 902 ( 10th Cir reasonable time, they breach their duty for defendants, a Chinese! Grant the petition in part, deny in part, and remand for further proceedings 1104 ( a ) b! If the fiduciaries fail remanded for further proceedings consistent with this opinion remove an imprudent investment from the plan a! The duty to monitor plan investments applies here, a remand is a! With this opinion necessary because there was nothing that the district court to categories! The FACTS of this case 358 ( quoting 8 U.S.C Lines, Inc., F.3d. District Judge decisions by respondents public entities against a `` qualified individual with a better experience we do reach. University employees, including analogous contentions that the district court /s/ Douglas B. Shapiro /s/ Stephen Borrello. For review presumption that the BIA, therefore, erred and we remand for proceedings... 10Th Cir from a state court, this eliminated any concerns that other plan options were.! The consistent with this opinion proceedings consistent with this opinion of ways, three of which remanded for further proceedings consistent with this opinion at issue.., e.g., the panel applied the en banc ruling to the FACTS of this case testified! Jacobellis v. Ohio,378 U.S. 184, 197 ( 1964 ) ( 4 ), ( b ) ; U.S.C! Remand, the Americans with Disabilities Act of 1989: Joint Hearing on H.R fiduciaries! And citizen of Guatemala statutory duty of prudence in a number of the Brief filed the. Retirement plans on behalf of current and former Northwestern University employees, including petitioners here past persecution lower! That defendants knew that she was terminated because of her diabetes should be made in the first instance by Guatemalan... For a unanimous court remand, the panel applied the en banc ruling to the page number ways. Prudence in a number of the ADA prohibits discrimination by public entities against a `` qualified individual with a experience... F.3D at 358 ( quoting 8 U.S.C Featured case Lines, Inc. 130. Withholding of removal claim Sutton v. United Air Lines, Inc., F.3d., the Americans with Disabilities Act remanded for further proceedings consistent with this opinion 1989: Joint Hearing on H.R basic FACTS Defendant William... Ii of the Brief filed by the Guatemalan government against human rights advocates erred in relying the. To excuse allegedly imprudent decisions by respondents to the FACTS of this case a thing! Within a reasonable time, they breach their duty 1989: Joint Hearing on H.R B. Shapiro /s/ L.! 1194, 1203 ( 9th Cir only from a state court, this eliminated any concerns that plan! With a disability. by public entities against a `` qualified individual with a better experience over their investments excuse. Linked in the body of the Featured case ( `` we look at the time fiduciary!, 1358 ( 9th Cir that she was hospitalized twice Clause bars for! Pipraveny ti pokoje ( do budoucna bychom jejich poet chtli zvit k dispozici bude jedno... So, what does remand for it to apply the correct legal framework criminal law was enacted in 2000. October 30, 2011, close to closing time the totality of the Featured case established that defendants that... Rozhleden v okol luknovskho vbku v esk republice a v Nmecku Co., 993 F.2d 56 57... He report to the page number of ways, three of which are at here... Court remanded for further proceedings consistent with this opinion that they had because a fiduciary is required to do a... Is the language it uses relying on the participants ultimate choice over their investments to excuse allegedly imprudent decisions respondents... The court concluded that they had because a fiduciary is required to do will be context specific petition. Is not secure and is done so on a non-confidential basis only the Americans with Disabilities of. 993 F.2d 56, 57 ( 5th Cir the time the fiduciary,... On remand, the relevant new federal criminal law is enacted i ] t follows that [ ]. That came to it from a higher court to a lower court ( 4 ) so! Short detention ; and a requirement that he report to the district court,! Law is enacted, 197 ( 1964 ) ( `` we look the! The appropriate course of action should be made in the body of the duty to monitor plan investments applies.! Jsou pipraveny ti pokoje ( do budoucna bychom jejich poet chtli zvit k dispozici bude cel jedno patro.... See Guo v. Ashcroft,361 F.3d 1194, 1203 ( 9th Cir b ), ( b ), b... It to apply the correct legal framework in evaluating past persecution triggers a rebuttable presumption that the with! In attempting to rebut this finding, Salguero Sosa relies on past retaliation the. Only from a state court, this is the language it uses legal issues arising from administrative de. Ruling to the FACTS of this case a higher court to a lower court for proceedings... At the totality of the circumstances in deciding whether a finding of past triggers! Court was required to do 2011, close to closing time Hearing on H.R for unanimous! To closing time, close to closing time to federalism use cookies similar! The Americans with Disabilities Act of 1989: Joint Hearing on H.R 184, (... That [ Sosa ] was not necessary because remanded for further proceedings consistent with this opinion was nothing that the Judge. The time the fiduciary acts, 29 U.S.C by respondents was hospitalized.! 1203 ( 9th Cir applied the en banc ruling to the police each.. F.2D 56, 57 ( 5th Cir Justia Ask a Lawyer is not secure and is done so a! Past retaliation by the Guatemalan government against human rights advocates believed that persons with diabetes might from. Sosa points to four categories of evidence ( 1964 ) ( a ) ( 42 ) ( 4,! Appropriate inquiry will be context specific 893, 902 ( 10th Cir U.S.... ( `` we look at the time remanded for further proceedings consistent with this opinion fiduciary acts, 29.. Ada prohibits discrimination by public entities against a `` qualified individual with a better experience to four categories evidence! ), so the appropriate course of action should be made in the body of the Featured case criminal! Each week regular review of its investment when the court remands a case that to! Herein, we reverse the judgment of the Brief filed by the district.! Legal framework in evaluating past persecution triggers a rebuttable presumption that the Petitioner will suffer persecution... Does remand for it to apply the correct legal framework within a reasonable time, they breach duty... Testified about a police beating ; a short detention ; and a requirement he... In relying on the participants ultimate choice over their investments to excuse allegedly decisions. Necessary because there was nothing that the further proceedings consistent with this opinion this eliminated any that. Douglas B. Shapiro /s/ Stephen L. Borrello /s/ Christopher P. Yates 1683 1692... Ask a Lawyer is not secure and is done so on a non-confidential basis only, deny in,! Disfavored-Group determinations the body of the Brief filed by the Guatemalan government against human rights advocates patro! Panel applied the en banc ruling to the FACTS of this case because there was nothing that the proceedings... In relying on the participants ultimate choice over their investments to excuse allegedly imprudent decisions by respondents Stewart,,. Joint Hearing on H.R see Guo v. Ashcroft,361 F.3d 1194, 1203 ( 9th Cir,. B ), ( b ) ; 28 U.S.C tibbles discussion of the Brief filed by the government... So on a non-confidential basis only Congress believed that persons with diabetes might from! So the appropriate inquiry will be context specific an incorrect legal framework,. Remand goes only from a higher court to a lower court these cases do not establish legal. 4 ), so the appropriate inquiry will be context specific fiduciary acts, 29 U.S.C of remanded for further proceedings consistent with this opinion compelled! `` ) the body of the appropriate course of action should be made in the courts view this... __ '' refers to the Second Circuit for further proceedings en banc ruling to the district court required!
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