31 Cited authorities

Matsushita Elec. Indus. Co. v. Zenith Radio
475 U.S. 574 (1986) Cited 112,893 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 1,406 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 1,203 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 643 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 663 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 524 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 750 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 255 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 138 times 12 Legal Analyses
Holding that affording a reasonable mix of plan options to participants was sufficient to meet the fiduciary standard
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 327,941 times 158 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 22,446 times 81 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 19,050 times 75 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 13,338 times 34 Legal Analyses
Providing that evidence is relevant if " it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action"
Section 1002 - Definitions
29 U.S.C. § 1002 Cited 11,018 times 59 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 4,819 times 71 Legal Analyses
Specifying duties of a "fiduciary . . . with respect to a plan"
Rule 802 - The Rule Against Hearsay
Fed. R. Evid. 802 Cited 3,803 times 11 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 3,491 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 1,313 times 7 Legal Analyses
Striking "plan description"
Rule 106 - Remainder of or Related Statements
Fed. R. Evid. 106 Cited 1,050 times 9 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 513 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 64 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 that affording a reasonable mix of plan options to participants was sufficient to meet the fiduciary standard

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

Providing that evidence is relevant if " it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action"

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"