38 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,626 times 279 Legal Analyses
Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,542 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' "
Metro. Life Ins. Co. v. Glenn
554 U.S. 105 (2008) Cited 3,095 times 35 Legal Analyses
Holding that this sort of "dual role" conflict did not permit "a change in the standard of review, say, from deferential to de novo review," but instead was simply to be weighed as a factor in the abuse-of-discretion analysis
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
Cigna Corp. v. Amara
563 U.S. 421 (2011) Cited 1,104 times 100 Legal Analyses
Holding that SPDs provide "communication with beneficiaries about the plan, but . . . do not themselves constitute the terms of the plan for purposes of § 502(B)"
Bancorp v. Dudenhoeffer
573 U.S. 409 (2014) Cited 303 times 61 Legal Analyses
Holding that a motion to dismiss in an ERISA case "requires careful judicial consideration of whether the complaint states a claim that the defendant has acted imprudently" and declining to adopt a defendant-friendly presumption
Forest Guardians v. Forsgren
478 F.3d 1149 (10th Cir. 2007) Cited 445 times
Noting the Rule 12(b) standard that is also applicable to Rule 12(c) motions
Reese v. CNH America LLC
574 F.3d 315 (6th Cir. 2009) Cited 338 times 1 Legal Analyses
Holding that even though the CBA granted retirees life-time health-care benefits upon retirement, it did not resolve the scope, of those benefits because "the relevant CBA provisions suggest[ed] that the parties contemplated reasonable modifications"
Gearlds v. Entergy Servs., Inc.
709 F.3d 448 (5th Cir. 2013) Cited 159 times 7 Legal Analyses
Holding that “ ‘an award of make-whole relief’ in the form of surcharge was within the scope of ‘appropriate equitable relief’ for purposes of § 502” (quoting CIGNA Corp. v. Amara, ––– U.S. ––––, 131 S.Ct. 1866, 1880, 179 L.Ed.2d 843 (2011) )
Moyle v. Liberty Mut. Ret. Benefit Plan
823 F.3d 948 (9th Cir. 2016) Cited 129 times 1 Legal Analyses
Holding that the Ninth Circuit's "preAmara cases held that litigants may not seek equitable remedies under § 1132 if § 1132(B) provides adequate relief" are "'clearly irreconcilable' with Amara and are no longer binding."
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 345,805 times 922 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 1132 - Civil enforcement
29 U.S.C. § 1132 Cited 26,275 times 170 Legal Analyses
Holding liable "[a]ny administrator" who fails to provide documents in a timely manner
Section 1001 - Congressional findings and declaration of policy
29 U.S.C. § 1001 Cited 20,520 times 59 Legal Analyses
Noting that ERISA was enacted “to protect ... employee benefit plans and their beneficiaries”
Section 1002 - Definitions
29 U.S.C. § 1002 Cited 11,038 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 4,826 times 72 Legal Analyses
Specifying duties of a "fiduciary . . . with respect to a plan"
Section 10-3-1116 - Remedies for unreasonable delay or denial of benefits - required contract provision - frivolous actions - severability - definition - rules
Colo. Rev. Stat. § 10-3-1116 Cited 319 times 7 Legal Analyses
Stating that a first-party claimant "may bring an action in district court to recover reasonable attorney fees and court costs and two times the covered benefit"

Dolan v. Liberty Life Assurance Company of Boston et al

38 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

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' "

Holding that this sort of "dual role" conflict did not permit "a change in the standard of review, say, from deferential to de novo review," but instead was simply to be weighed as a factor in the abuse-of-discretion analysis

Holding that ERISA fiduciaries may have duties to disclose information about plan prospects that they have no duty, or even power, to change

Holding that SPDs provide "communication with beneficiaries about the plan, but . . . do not themselves constitute the terms of the plan for purposes of § 502(B)"

Holding that a motion to dismiss in an ERISA case "requires careful judicial consideration of whether the complaint states a claim that the defendant has acted imprudently" and declining to adopt a defendant-friendly presumption

Noting the Rule 12(b) standard that is also applicable to Rule 12(c) motions

Holding that even though the CBA granted retirees life-time health-care benefits upon retirement, it did not resolve the scope, of those benefits because "the relevant CBA provisions suggest[ed] that the parties contemplated reasonable modifications"

Holding that “ ‘an award of make-whole relief’ in the form of surcharge was within the scope of ‘appropriate equitable relief’ for purposes of § 502” (quoting CIGNA Corp. v. Amara, ––– U.S. ––––, 131 S.Ct. 1866, 1880, 179 L.Ed.2d 843 (2011) )

Holding that the Ninth Circuit's "preAmara cases held that litigants may not seek equitable remedies under § 1132 if § 1132(B) provides adequate relief" are "'clearly irreconcilable' with Amara and are no longer binding."

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding liable "[a]ny administrator" who fails to provide documents in a timely manner

Noting that ERISA was enacted “to protect ... employee benefit plans and their beneficiaries”

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"

Stating that a first-party claimant "may bring an action in district court to recover reasonable attorney fees and court costs and two times the covered benefit"