Wendy's Worker Shot in Head by Drive-Thru Customer Demanding Extra Barbecue Sauce
The 16-year-old employee was a bystander during an argument between another worker and the irate customer.Brian Durham Jr., 16, was working at a Wendy's location in Phoenix on Thursday night, positioned at the drive-thru cash register with another employee manning the window, his father, Brian Durham Sr., told Fox 11 News. At around 8 p.m., a customer at the window asked for extra barbecue sauce, which eventually escalated into an argument that ended with the man opening fire into the store.
The Supreme Court of the United States ruled unanimously Monday to resurrect a lawsuit against Northwestern University brought by university employees over the school’s alleged violation of its fiduciary duties in managing employee retirement plans. All eight justices who participated (Justice Amy Coney Barrett was not involved in the case) sided with the aggrieved employees who claimed plan administrators violated their “duty of prudence.” © Provided by Law & Crime The nine Supreme Court justices pose for a group picture in 2021
The case is Hughes v. Northwestern University.
Northwestern’s retirement plan must comport with the Employee Retirement Income Security Act of 1974, known as “ERISA.” Under ERISA, fiduciaries who manage the plan 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.” A group of current and former employees sued the school, alleging that the fiduciaries who managed their plans were insufficiently prudent in that they offered “needlessly expensive investment options” and paid “excessive record keeping fees.”
Murthy: SCOTUS vaccine mandate block is a 'setback for public health'
U.S. Surgeon General Vivek Murthy said on Sunday that the Supreme Court's decision to temporarily block the Biden administration's vaccine mandate for large workplaces was a "setback for public health."When ABC "This Week," guest host Martha Raddatz asked Murthy for this thoughts on the Supreme Court's ruling, Murthy called it "very disappointing.""It was a setback for public health because what these requirements ultimately are helpful for is not just protecting the community at large, but making our workplaces safer for workers as well as for customers," said Murthy.
Specifically, plaintiffs claimed that the fees charged for investments into mutual funds and index funds were excessive, and the bookkeeping rates charged were exorbitant and out of line with acceptable practices. The allegedly problematic investments were just some options available to investors, who were free to choose among over 200 investment options.
The district court dismissed the case, and on appeal, the U.S. Court of Appeals for the Seventh Circuit affirmed. The appellate court’s decision focused on the fiduciary’s choice to present a diverse menu of options to investors. The court held that the wide array of choices presented to investors, “eliminat[ed] any claim that plan participants were forced to stomach an unappetizing menu.”
University of Michigan fires president citing inappropriate relationship
The University of Michigan's board fired its president Saturday, citing an investigation into an inappropriate relationship with an employee and releasing communications sent from his university email. © Provided by NBC News Mark Schlissel was terminated by the University of Michigan Board of Regents after the school investigated an anonymous complaint made last month. The former president used his email to communicate with a subordinate "in a manner inconsistent with the dignity and reputation of the University," the board said.
The justices, however, disagreed. Justice Sonia Sotomayor penned the six-page decision for the eight-member Court, holding that the Seventh Circuit focused on the wrong aspect of the fiduciary duty in question. She explained that fiduciaries must do more than simply present endless choices. Rather, “plan fiduciaries are required to conduct their own independent evaluation to determine which investments may be prudently included in the plan’s menu of options.” Further, “if the fiduciaries fail to remove an imprudent investment from the plan within a reasonable time, they breach their duty.”
Because the lower court did not fully assess any violation of the duty of prudence, the justices sent the case back down so the lower court “may reevaluate the allegations as a whole.”
[Erin Schaff/POOL/AFP via Getty Images]
The post SCOTUS Rules Unanimously to Resurrect Lawsuit Against Northwestern University for Alleged Mismanagement of Employee Retirement Accounts first appeared on Law & Crime.
Joe Manchin says he would be open to voting for a Biden SCOTUS pick who is more liberal than he is .
"It's not too hard to get more liberal than me," Manchin said, adding that he would vote for a SCOTUS pick with differing "philosophical beliefs."Manchin made these comments during a Thursday interview with West Virginia MetroNews' "Talkline" host Hoppy Kercheval.