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   Federal Courts - 9th Circuit Court of Appeals - January 18, 2007

  
Torres v. Gonzales, No. 05-71386, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 18, 2007, Filed
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Trs. of the S. Cal. Bakery Drivers Sec. Fund v. Middleton, No. 04-56982, No. 05-55192, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 18, 2007, Filed
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Overview: District court erred in finding that employee benefit plan that provided death benefits to another benefit plan's participants pursuant to trust-to-trust agreement qualified as ERISA exempt "insurer" under 29 U.S.C.S. § 1101(b)(2). Plan breached 29 U.S.C.S. § 1104(a)(1) fiduciary duty by failing to apply surplus funds for other plan's participants.

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United States v. Berger, No. 04-50469, No. 04-50530, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 18, 2007, Filed
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Overview: Where materiality had to be assessed from the perspective of the reasonable investor, the appellate court affirmed the district court's interpretation of 15 U.S.C.S. § 78ff(a); the purpose of the 1934 Act was to benefit and protect investors, with proper agency decisionmaking as a secondary concern.

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United States v. Cienfuegos-Secundino, No. 06-30302, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 18, 2007, Filed
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Usea v. Gonzales, Nos. 05-77014, 06-72588, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 18, 2007, Filed
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Vazquez v. Gonzales, No. 06-71527, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 18, 2007, Filed
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Woods v. Carey, No. 06-15973, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 18, 2007, Filed
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