Monday morning, April 27th we were informed of a ruling by the United States Court of Appeals for the Fifth Circuit in the Ladonna Degan; Ric Terrones; John McGuire; Reed Higgins; Mike Gurley; Larry Eddington; Steve McBride, v. The Board of Trustees of the Dallas Police and Fire Pension System. A panel of three judges from the Fifth Circuit ruled against us (The Appellants) and “AFFIRM the district court’s dismissal for failure to state a claim.” You can read the court’s opinion HERE.
This morning the DPROA Board met via Zoom to discuss our options for moving forward. After consulting with our counsel Mr. Kirk Pittard, we have instructed him to proceed with filing a motion for rehearing “en banc” in an attempt to get another review by the full panel of judges on the 5th Circuit. It is our hope that this request will be honored and we will get an opportunity to present oral arguments before the court.
On another front, for those of you participating in the Annual Adjustment and Benefit Supplement Lawsuit, we have posted an update on our Annual Adjustment Facebook page.