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Louisiana Sheriffs' Pension and Relief Fund, et al. v. Merrill Lynch & Co.

MEMORANDUM OF LAW in Support re:

85 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,697 times   365 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  2. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,121 times   104 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  3. Varity Corp. v. Howe

    516 U.S. 489 (1996)   Cited 2,383 times   32 Legal Analyses
    Holding that ERISA fiduciaries may have duties to disclose information about plan prospects that they have no duty, or even power, to change

  4. Pegram v. Herdrich

    530 U.S. 211 (2000)   Cited 1,351 times   11 Legal Analyses
    Holding that there was "jurisdiction regardless of the correctness of the removal" because the "amended complaint alleged ERISA violations, over which the federal courts have jurisdiction"

  5. ATSI Communications, Inc. v. Shaar Fund, Ltd.

    493 F.3d 87 (2d Cir. 2007)   Cited 3,874 times   6 Legal Analyses
    Holding that deception occurs when "investors are misled to believe that prices at which they purchase and sell securities are determined by the natural interplay of supply and demand, not rigged by manipulators"

  6. Hughes Aircraft Co. v. Jacobson

    525 U.S. 432 (1999)   Cited 746 times   6 Legal Analyses
    Holding that certain amendments to pension plans do not trigger fiduciary duties, as long as the plan is actuarily sound

  7. LaRue v. Dewolff

    552 U.S. 248 (2008)   Cited 436 times   19 Legal Analyses
    Holding that § 1132 "does not provide a remedy for individual injuries distinct from plan injuries"

  8. Lockheed Corp. v. Spink

    517 U.S. 882 (1996)   Cited 565 times   7 Legal Analyses
    Holding that when plan administrators adopt, modify, or terminate pension benefit plans, they are not acting as fiduciaries

  9. Rombach v. Chang

    355 F.3d 164 (2d Cir. 2004)   Cited 1,388 times   5 Legal Analyses
    Holding that complaint may establish scienter through facts showing that defendants "had both motive and opportunity to commit fraud"

  10. Kramer v. Time Warner Inc.

    937 F.2d 767 (2d Cir. 1991)   Cited 1,988 times   1 Legal Analyses
    Holding that the Court may consider matters of which judicial notice may be taken under Federal Rule of Evidence 201

  11. Section 1002 - Definitions

    29 U.S.C. § 1002   Cited 11,042 times   60 Legal Analyses
    Holding that ERISA is a federal law that sets standards of protection for individuals in most voluntarily established, private-sector retirement plans

  12. Section 1104 - Fiduciary duties

    29 U.S.C. § 1104   Cited 4,827 times   72 Legal Analyses
    Specifying duties of a "fiduciary . . . with respect to a plan"

  13. Section 1105 - Liability for breach of co-fiduciary

    29 U.S.C. § 1105   Cited 931 times   5 Legal Analyses
    Providing that a plan administrator may delegate fiduciary responsibilities if permitted by the ERISA plan

  14. Section 1021 - Duty of disclosure and reporting

    29 U.S.C. § 1021   Cited 646 times   3 Legal Analyses
    Excepting from the definition of “blackout” a suspension of distributions which occur “by reason of the application of the securities laws”