Where an emergency air-transport company brought claims against an insurer for allegedly inadequate reimbursements for air-ambulance services provided to the insurer’s plan members, the plaintiff did not have the right to seek equitable relief under ERISA, and the judgment is ...

Tagged with: Emergency Air Transport Failure To State Claim

Where a former employee claimed that the investment committee of the employer’s retirement savings plan breached their fiduciary duties under the Employee Retirement Income Security Act of 1974, the employee’s allegations were insufficient to plausibly allege that ERISA fiduciaries breached ...

Tagged with: Breach Of Fiduciary Duty ERISA Failure To State Claim

Where appellant challenged the dismissal of his complaint in a foreclosure-related action, the district court did not err in finding that the appellant failed to state a claim upon which relief could be granted. Judgment is affirmed. Teague v. Regent ...

Tagged with: civil practice Failure To State Claim foreclosure

  Where an appellant challenged the dismissal of her complaint in a foreclosure-related action, the district court did not err in finding that the appellant failed to state a claim upon which relief could be granted. Judgment is affirmed. Baker ...

Tagged with: Civil Failure To State Claim Foreclosure Proceeding

Where customers of a water corporation sought reimbursements of alleged overpayments, the amended class-action petition failed to state a claim upon which relief could be granted because the trial court lacked authority to determine the water corporation’s rates under any ...

Tagged with: Administrative Failure To State Claim Monetary Damages Water Service Payments

King v. City of Crestwood (MLW No. 71987/Case No. 16-4560 – 12 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.)

Tagged with: Attorney’s Fees Failure To State Claim Municipal Municipal Liability

Steckelberg v. Rice (MLW No. 71293/Case No. 17-1823 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam)

Tagged with: civil practice Failure To State Claim Nebraska Law

Copeland v. City of Union (MLW No. 70982/Case No. ED105224 – 11 pages) (Missouri Court of Appeals, Eastern District, Sullivan, J.)

Tagged with: civil practice Failure To State Claim Municipal Case

McShane Construction Company, LLC v. Gotham Insurance Company (MLW No. 70886/Case No. 16-2632 – 15 pages) (U.S. Court of Appeals, 8th Circuit, Shepherd, J.)

Tagged with: Failure To State Claim Fire Protection System Improper Installation Insurance

OmegaGenesis Corporation v. Mayo Foundation (MLW No. 70309/Case No. 15-3346 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Loken, J.)

Tagged with: civil practice Failure To State Claim fraud Reasonable Reliance

Neubauer v. FedEx Corporation (MLW No. 70190/Case No. 15-3694 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Gruender, J.)

Tagged with: civil practice Failure To State Claim fraud