Legal Opinion · Dissent

In re Ryan W.

Court of Appeals of Maryland

Decided September 26, 2013No. Nos. 95, 101Published

1Dissent

ADKINS, J.,

dissenting, which BELL, C.J., (ret.) joins.

I disagree with the Majority’s analysis of the jurisdictional issue. Ryan’s claims against the Department arise from an alleged breach of fiduciary duty. The Majority concludes, however, that the appropriate forums for the resolution of such claims are “federal administrative and court systems.” Maj. Op. at 600, 76 A.3d at 1062. This may have been a proper conclusion had Ryan sought restitution of the allegedly misused benefits from the Social Security Administration (the “SSA”) by relying on the provisions in the Social Security Act (the…

2Cases cited17 opinions

  1. Charles Dowd Box Co. v. CourtneySupreme Court of the United States · 1962
  2. Tafflin v. LevittSupreme Court of the United States · 1990
  3. Gulf Offshore Co. v. Mobil Oil Corp.Supreme Court of the United States · 1981
  4. Yellow Freight System, Inc. v. DonnellySupreme Court of the United States · 1990
  5. In Re Mark M.Court of Appeals of Maryland · 2001

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