31 Cited authorities

Matsushita Elec. Indus. Co. v. Zenith Radio
475 U.S. 574 (1986) Cited 115,416 times 38 Legal Analyses
Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them
Masson v. New Yorker Magazine, Inc.
501 U.S. 496 (1991) Cited 1,442 times 3 Legal Analyses
Holding that "plaintiff must demonstrate that the author in fact entertained serious doubts as to the truth of his publication"
Hecker v. Deere Co.
556 F.3d 575 (7th Cir. 2009) Cited 1,224 times 29 Legal Analyses
Holding the use of revenue-sharing for plan expenses did not amount to an ERISA violation
Feliciano v. City of Miami Beach
707 F.3d 1244 (11th Cir. 2013) Cited 673 times 1 Legal Analyses
Holding that at the motion for summary judgment stage, "the law allows that interest and truth may go together"
Crowe v. Coleman
113 F.3d 1536 (11th Cir. 1997) Cited 682 times
Holding that "federal courts are not to weigh the merits of a plaintiff's claim beyond determining whether it an arguable one under state law"
Leigh v. Warner Brothers, Inc.
212 F.3d 1210 (11th Cir. 2000) Cited 537 times
Holding that an affidavit that contains a brief conclusory assertion without supporting facts has no probative value
Evers v. General Motors Corp.
770 F.2d 984 (11th Cir. 1985) Cited 764 times
Holding that "conclusory allegations without specific supporting facts have no probative value" in a response to a motion for summary judgment
United States v. Stein
881 F.3d 853 (11th Cir. 2018) Cited 271 times
Holding that "an affidavit which satisfies Rule 56 of the Federal Rules of Civil Procedure may create an issue of material fact and preclude summary judgment even if it is self-serving and uncorroborated"
Renfro v. Unisys Corp.
671 F.3d 314 (3d Cir. 2011) Cited 148 times 12 Legal Analyses
Holding no claim against “nonfiduciaries charged solely with participating in a fiduciary breach,” but does not examine Harris
Berry v. Baca
379 F.3d 764 (9th Cir. 2004) Cited 136 times
Holding that, in a case regarding the release of prisoners after judicial determinations of innocence, the county's implementation of policies that led to delays in release—and the lack of policies to expedite the process—could support a § 1983 claim
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 336,290 times 161 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 403 - Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons
Fed. R. Evid. 403 Cited 23,325 times 86 Legal Analyses
Adopting a similar standard, but requiring the probative value to be "substantially outweighed" by these risks
Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay
Fed. R. Evid. 801 Cited 19,589 times 77 Legal Analyses
Holding that such a statement must merely be made by the party and offered against that party
Rule 401 - Test for Relevant Evidence
Fed. R. Evid. 401 Cited 13,912 times 36 Legal Analyses
Stating that evidence is relevant when "it has any tendency to make a fact more or less probable"
Section 1002 - Definitions
29 U.S.C. § 1002 Cited 11,211 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
Section 1104 - Fiduciary duties
29 U.S.C. § 1104 Cited 4,929 times 73 Legal Analyses
Specifying duties of a "fiduciary . . . with respect to a plan"
Rule 802 - The Rule Against Hearsay
Fed. R. Evid. 802 Cited 4,000 times 12 Legal Analyses
Recognizing federal statutes, the Federal Rules of Evidence, or Supreme Court rules as sources for exceptions to the rule against hearsay
Rule 602 - Need for Personal Knowledge
Fed. R. Evid. 602 Cited 3,620 times 13 Legal Analyses
Stating that " witness may testify only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter"
Section 1024 - Filing with Secretary and furnishing information to participants and certain employers
29 U.S.C. § 1024 Cited 1,336 times 8 Legal Analyses
Striking "plan description"
Rule 106 - Remainder of or Related Statements
Fed. R. Evid. 106 Cited 1,100 times 10 Legal Analyses
Providing that a party is entitled to the admission of any part of a recorded statement which ought, in fairness, be considered contemporaneously with the portion of a statement excerpted by an adverse party
Section 2509.75-8 - Questions and answers relating to fiduciary responsibility under the Employee Retirement Income Security Act of 1974
29 C.F.R. § 2509.75-8 Cited 522 times 9 Legal Analyses
Recognizing limitations on directors' primary fiduciary liability " apart from co-fiduciary liability arising under circumstances described in section 405"
Section 2550.408b-2 - General statutory exemption for services or office space
29 C.F.R. § 2550.408b-2 Cited 66 times 6 Legal Analyses
Defining "direct compensation"

Pledger et al v. Reliance Trust Company et al

31 Cited authorities

Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them

Holding that "plaintiff must demonstrate that the author in fact entertained serious doubts as to the truth of his publication"

Holding the use of revenue-sharing for plan expenses did not amount to an ERISA violation

Holding that at the motion for summary judgment stage, "the law allows that interest and truth may go together"

Holding that "federal courts are not to weigh the merits of a plaintiff's claim beyond determining whether it an arguable one under state law"

Holding that an affidavit that contains a brief conclusory assertion without supporting facts has no probative value

Holding that "conclusory allegations without specific supporting facts have no probative value" in a response to a motion for summary judgment

Holding that "an affidavit which satisfies Rule 56 of the Federal Rules of Civil Procedure may create an issue of material fact and preclude summary judgment even if it is self-serving and uncorroborated"

Holding no claim against “nonfiduciaries charged solely with participating in a fiduciary breach,” but does not examine Harris

Holding that, in a case regarding the release of prisoners after judicial determinations of innocence, the county's implementation of policies that led to delays in release—and the lack of policies to expedite the process—could support a § 1983 claim

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Adopting a similar standard, but requiring the probative value to be "substantially outweighed" by these risks

Holding that such a statement must merely be made by the party and offered against that party

Stating that evidence is relevant when "it has any tendency to make a fact more or less probable"

Holding that ERISA is a federal law that sets standards of protection for individuals in most voluntarily established, private-sector retirement plans

Specifying duties of a "fiduciary . . . with respect to a plan"

Recognizing federal statutes, the Federal Rules of Evidence, or Supreme Court rules as sources for exceptions to the rule against hearsay

Stating that " witness may testify only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter"

Striking "plan description"

Providing that a party is entitled to the admission of any part of a recorded statement which ought, in fairness, be considered contemporaneously with the portion of a statement excerpted by an adverse party

Recognizing limitations on directors' primary fiduciary liability " apart from co-fiduciary liability arising under circumstances described in section 405"

Defining "direct compensation"