31 Cited authorities

  1. Matsushita Elec. Indus. Co. v. Zenith Radio

    475 U.S. 574 (1986)   Cited 96,969 times   23 Legal Analyses
    Holding that an opponent of summary judgment "must do more than simply show that there is some metaphysical doubt as to the material facts."
  2. Masson v. New Yorker Magazine, Inc.

    501 U.S. 496 (1991)   Cited 1,211 times   2 Legal Analyses
    Holding that "plaintiff must demonstrate that the author in fact entertained serious doubts as to the truth of his publication"
  3. Hecker v. Deere Co.

    556 F.3d 575 (7th Cir. 2009)   Cited 941 times   25 Legal Analyses
    Holding the use of revenue-sharing for plan expenses did not amount to an ERISA violation
  4. Feliciano v. City of Miami Beach

    707 F.3d 1244 (11th Cir. 2013)   Cited 392 times   1 Legal Analyses
    Holding that at the motion for summary judgment stage, "the law allows that interest and truth may go together"
  5. Crowe v. Coleman

    113 F.3d 1536 (11th Cir. 1997)   Cited 530 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"
  6. Leigh v. Warner Brothers, Inc.

    212 F.3d 1210 (11th Cir. 2000)   Cited 444 times
    Holding that an affidavit that contains a brief conclusory assertion without supporting facts has no probative value
  7. Evers v. General Motors Corp.

    770 F.2d 984 (11th Cir. 1985)   Cited 674 times
    Holding that "conclusory allegations without specific supporting facts have no probative value" in a response to a motion for summary judgment
  8. United States v. Stein

    881 F.3d 853 (11th Cir. 2018)   Cited 91 times
    Holding that a plaintiff's purely self-serving and uncorroborated statements "based on personal knowledge or observation" set forth in a verified complaint or affidavit may create an issue of material fact which precludes summary judgment
  9. Renfro v. Unisys Corp.

    671 F.3d 314 (3d Cir. 2011)   Cited 104 times   12 Legal Analyses
    Holding that affording a reasonable mix of plan options to participants was sufficient to meet the fiduciary standard
  10. Gossett v. Du-Ra-Kel Corp.

    569 F.2d 869 (5th Cir. 1978)   Cited 252 times
    Concluding that statements in an affidavit in support of a defendant's summary-judgment motion, although of a conclusory character, were sufficient to show lack of factual issue because plaintiffs either failed to challenge them or failed to support their challenges with specific factual assertions
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 272,147 times   115 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. Rule 403 - Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons

    Fed. R. Evid. 403   Cited 17,284 times   66 Legal Analyses
    Adopting a similar standard, but requiring the probative value to be "substantially outweighed" by these risks
  13. Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay

    Fed. R. Evid. 801   Cited 15,742 times   66 Legal Analyses
    Holding that such a statement must merely be made by the party and offered against that party
  14. Section 1002 - Definitions

    29 U.S.C. § 1002   Cited 10,145 times   49 Legal Analyses
    Holding that ERISA is a federal law that sets standards of protection for individuals in most voluntarily established, private-sector retirement plans
  15. Rule 401 - Test for Relevant Evidence

    Fed. R. Evid. 401   Cited 10,056 times   31 Legal Analyses
    Describing relevant evidence as that which "has any tendency to make a fact more or less probable than it would be without the evidence"
  16. Section 1104 - Fiduciary duties

    29 U.S.C. § 1104   Cited 4,313 times   56 Legal Analyses
    Specifying duties of a "fiduciary . . . with respect to a plan"
  17. Rule 602 - Need for Personal Knowledge

    Fed. R. Evid. 602   Cited 2,551 times   9 Legal Analyses
    Requiring a witness to have personal knowledge
  18. Rule 802 - The Rule Against Hearsay

    Fed. R. Evid. 802   Cited 2,502 times   9 Legal Analyses
    Recognizing federal statutes, the Federal Rules of Evidence, or Supreme Court rules as sources for exceptions to the rule against hearsay
  19. Section 1024 - Filing with Secretary and furnishing information to participants and certain employers

    29 U.S.C. § 1024   Cited 1,157 times   6 Legal Analyses
    Striking "plan description"
  20. Section 1105 - Liability for breach of co-fiduciary

    29 U.S.C. § 1105   Cited 804 times   4 Legal Analyses
    Providing for liability for the breach of a co-fiduciary where fiduciary, "by his failure to comply with [the duty of loyalty or prudence] in the administration of his specific responsibilities which give rise to his status as a fiduciary, fiduciary has enabled such other fiduciary to commit a breach"
  21. § 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 463 times   9 Legal Analyses
    Recognizing limitations on directors' primary fiduciary liability " apart from co-fiduciary liability arising under circumstances described in section 405"
  22. § 2550.408b-2 General statutory exemption for services or office space

    29 C.F.R. § 2550.408b-2   Cited 51 times   2 Legal Analyses
    Setting forth requirements to meet § 1108(b) exemption