State ex rel. Kaffie v. Smith
Citations
- 111 La. 319
- 35 So. 584
- 1903 La. LEXIS 536
Syllabus
<p>PUBLIC LANDS—PURCHASE—CONFLICTING CLAIMS—APPEAL.</p> <p>1. Conflicting claims for the purchase of state public lands between persons claiming to be actual settlers on the land and other persons applying for the purchase of the lands must be passed on in the first instance by the Register of the State Land Office in a contest established before him in the form prescribed by law, and the discretion with which the register is vested by law for the decision of such a contest cannot be controlled by mandamus.</p> <p>2. In ease the register refuses to entertain the contest, on the ground that the lands in question are not subject to purchase, that question can come up on appeal from his decision to the court.</p> <p>(Syllabus by the Court.)</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that ERISA plaintiffs had standing in putative class action to bring breach of fiduciary duty claims challenging, among other things, plan’s investment fees and recordkeeping costs
- finding that the plaintiffs who invested in certain options but not the mutual fund window had standing to bring a claim against the entire plan “because there is clearly a common question of both fact and law”
- examining the mix of funds available through a brokerage window to determine whether the sponsor could face liability
- rejecting the argument that choosing not to offer mutual fund alternatives is a per se violation of fiduciary duty
- “Plaintiffs have pled no facts showing that Defendants took an act to benefit themselves or [the plan’s recordkeeper] with that benefit as the goal.”
- “A [p]lan that offers duplicative funds does not hurt plan participants, ‘but instead provides them opportunities to choose the investments that they prefer.’” (quoting Henderson v. Emory Univ., 252 F. Supp. 3d 1344, 1350 (N.D. Ga. 2017))
Source: CourtListener parenthetical corpus (CC0).
Judges: Provosty
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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