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Spencer v. The United States of America

Docket 3:23-cv-00301, Texas Western District Court (Aug. 16, 2023)
Judge Kathleen Cardone, presiding
Motor Vehicle
DivisionEl Paso
Cause28:2671 Federal Tort Claims Act
Case Type350 Motor Vehicle
Tags350 Vehicle, 350 Vehicle
Plaintiff Spencer
Defendant The United States of America
Plaintiff Malachi Spencer
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Barner et al v. McLane Company, Inc.

Docket 6:23-cv-00301, Texas Western District Court (Apr. 24, 2023)
Judge Alan D Albright, presiding
Employee Retirement (ERISA)
DivisionWaco
Cause29:1132 E.R.I.S.A.-Employee Benefits
Case Type791 Employee Retirement (ERISA)
Tags791 Employee Retirement, Erisa, 791 Employee Retirement, Erisa
DeadlineDispositive Motions due by 7/2/2025.
DeadlineAMENDED SCHEDULING ORDER: Final Pretrial Conference set for 12/17/2025 before Judge Alan D Albright.
Plaintiff Ashley Barner
Plaintiff Shawn Roebuck
Defendant McLane Company, Inc.
...
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BTL Industries, Inc. v. Pulse Performance LLC et al

Docket 1:23-cv-00301, Texas Western District Court (Mar. 17, 2023)
Judge David A. Ezra, presiding
Patent
DivisionAustin
FlagsCLOSED, PATENT, TRADEMARK
Cause35:100 Patent Infringement
Case Type830 Patent
Tags830 Patent, 830 Patent
Patent10478634; 10596386; 10695575; 11266852; 5572801; 5688619; 6069279; 9636519, 10478634, 10596386, 10695575, 11266852, 5572801, 5688619, 6069279, 9636519
Plaintiff BTL Industries, Inc.
Defendant Pulse Performance LLC
Defendant Pulse Performance Franchising, LLC
...
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Donaldson v. Nationwide Mutual Insurance Company

Docket 5:23-cv-00301, Texas Western District Court (Mar. 10, 2023)
Judge Orlando L. Garcia, presiding
Insurance
DivisionSan Antonio
Demand$1,000,000
Cause28:1441 Petition for Removal- Insurance Contract
Case Type110 Insurance
Tags110 Insurance, 110 Insurance
Plaintiff Donaldson
Defendant Nationwide Mutual Insurance Company
Plaintiff Linda Donaldson
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No. 1 COMPLAINT ( Filing fee $ 402 receipt number ATXWDC-17349876), filed by Ashley Barner

Document Barner et al v. McLane Company, Inc., 6:23-cv-00301, No. 1 (W.D.Tex. Apr. 24, 2023)
Complaint
“ERISA is a remedial statute designed to protect the interests of plan participants and beneficiaries ... Courts should not hasten to employ technical rules of pleading and practice to defeat that goal.” Degnan v. Publicker Industries, Inc., 83 F.3d 27, 30 (1st Cir. 1996).
The document then sets out steps that plan fiduciaries and service providers should take to ensure that float practices are adequately disclosed, reviewed, and compensation is reasonable – as required by ERISA.
Based on the above table of comparator plans of approximately equivalent size and assets, Defendant should have been able to negotiate a total recordkeeping cost anywhere from $5 per participant to $25 from the beginning of the Class Period to the present.
McLane failed to monitor or control the excessive compensation paid for recordkeeping services, which included float revenue retained by Merrill Lynch.
As a direct and proximate result of the breaches of fiduciary duties alleged herein, the Plan suffered millions of dollars of losses due to excessive costs and lower net investment returns.
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No. 1 COMPLAINT ( Filing fee $ 402 receipt number ATXWDC-17214276), filed by BTL Industries, Inc

Document BTL Industries, Inc. v. Pulse Performance LLC et al, 1:23-cv-00301, No. 1 (W.D.Tex. Mar. 17, 2023)
Complaint
On information and belief, Pulse Performance LLC is a limited liability company organized and existing under the laws of the State of Texas with a registered address at 1901 Ranch Road 620N #28, Austin, TX 78734.
On information and belief, Pulse Performance Arbor Trails, LLC is a limited liability company organized and existing under the laws of the State of Texas with a registered address at 1901 Ranch Road 620N #28, Austin, TX 78734.
On information and belief, Pulse Performance Franchising, LLC is a limited liability company organized and existing under the laws of the State of Texas with a registered address at 1901 Ranch Road 620N #28, Austin, TX 78734.
For example, Defendants reference and discuss the results of clinical studies1 that were sponsored by BTL and evaluated the efficacy and safety of using BTL’s EMSCULPT NEO device to increase muscle mass and decrease fat.
On information and belief, a reasonable opportunity for further investigation or discovery will show that the EMS SCULPT device is configured to generate impulses having a biphasic shape with a repetition rate in between 1 Hz and 700 Hz and a maximal value of a magnetic flux derivative between 2.5 kT/s to 150 kT/s.
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