§Why CasetextPricing

Morgart v. Allscripts Healthcare Solutions, Inc. et al

Memorandum in Support regarding 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

21 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 265,830 times   364 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. Edwards v. City of Goldsboro

    178 F.3d 231 (4th Cir. 1999)   Cited 6,540 times   2 Legal Analyses
    Holding that First Amendment rights of an off-duty officer communicating about concealed weapons were sufficiently established by precedent regarding off-duty officer's entertainment performances

  3. Nemet Chevrolet v. Consumeraffairs.com, Inc.

    591 F.3d 250 (4th Cir. 2009)   Cited 3,038 times   3 Legal Analyses
    Holding that a website did not contribute to alleged illegality

  4. Heimeshoff v. Hartford Life & Accident Ins. Co.

    571 U.S. 99 (2013)   Cited 459 times   33 Legal Analyses
    Holding that a participant in an employee benefit plan covered by ERISA may agree by contract to a particular limitations period, even one that starts to run before the cause of action accrues, as long as the period is reasonable and distinguishing Occidental based on the evidence in Occidental that there were obstacles to bringing a timely claim within the limitations period

  5. LaRue v. Dewolff

    552 U.S. 248 (2008)   Cited 435 times   18 Legal Analyses
    Holding that § 1132 "does not provide a remedy for individual injuries distinct from plan injuries"

  6. Randall v. U.S.

    30 F.3d 518 (4th Cir. 1994)   Cited 518 times
    Holding that reputational stigma that interferes with obtaining employment or practicing a profession is not sufficient to state a constitutional claim

  7. Makar v. Health Care Corp. of Mid-Atlantic

    872 F.2d 80 (4th Cir. 1989)   Cited 278 times   4 Legal Analyses
    Holding although plaintiffs made no mention of ERISA in their complaint, defendant's removal was proper based on ERISA's sweeping preemptive effect and the complete preemption exception to the well-pleaded complaint rule

  8. Gayle v. United Parcel Service, Inc.

    401 F.3d 222 (4th Cir. 2005)   Cited 161 times
    Holding where Plan review of benefits is time barred, dismissal with prejudice is appropriate

  9. Smith v. Sydnor

    184 F.3d 356 (4th Cir. 1999)   Cited 136 times   1 Legal Analyses
    Holding that a valid claim for breach of fiduciary duties is statute-based

  10. Efird v. Riley

    342 F. Supp. 2d 413 (M.D.N.C. 2004)   Cited 113 times
    Holding that an alleged "campaign of sexual harassment" followed by discharge in retaliation for complaining about the sexual harassment was not extreme and outrageous

  11. 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 344,948 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 1132 - Civil enforcement

    29 U.S.C. § 1132   Cited 26,255 times   169 Legal Analyses
    Holding liable "[a]ny administrator" who fails to provide documents in a timely manner

  13. Section 1133 - Claims procedure

    29 U.S.C. § 1133   Cited 2,329 times   13 Legal Analyses
    Detailing similar requirements

  14. Section 2560.503-1 - Claims procedure

    29 C.F.R. § 2560.503-1   Cited 2,813 times   77 Legal Analyses
    Adopting the requirements of 29 C.F.R. § 2560.503-1