§Why CasetextPricing

Amara v. Cigna Corp, et al

RESPONSE re MOTION to Decertify the Class

86 Cited authorities

  1. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,806 times   138 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

  2. Wal-Mart Stores, Inc. v. Dukes

    564 U.S. 338 (2011)   Cited 6,627 times   505 Legal Analyses
    Holding in Rule 23 context that “[w]ithout some glue holding the alleged reasons for all those decisions together, it will be impossible to say that examination of all the class members' claims for relief will produce a common answer”

  3. Burlington Indus., Inc. v. Ellerth

    524 U.S. 742 (1998)   Cited 7,101 times   92 Legal Analyses
    Holding that an employer is not liable for a hostile work environment created by one of its employees when "the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and . . . the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise"

  4. Warth v. Seldin

    422 U.S. 490 (1975)   Cited 11,855 times   14 Legal Analyses
    Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"

  5. Varity Corp. v. Howe

    516 U.S. 489 (1996)   Cited 2,382 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

  6. Great-West Life Annuity Ins. Co. v. Knudson

    534 U.S. 204 (2002)   Cited 1,687 times   37 Legal Analyses
    Holding an injunction ordering money funds to be legal relief because it sought to "impo[se] personal liability for the benefits that they conferred upon respondents"

  7. Teamsters v. United States

    431 U.S. 324 (1977)   Cited 4,599 times   27 Legal Analyses
    Holding that a plaintiff who did not apply for a position can still make prima facie showing if he can demonstrate his application for the position would have been futile

  8. Cigna Corp. v. Amara

    563 U.S. 421 (2011)   Cited 1,103 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)"

  9. Bridge v. Phoenix Bond & Indem. Co.

    553 U.S. 639 (2008)   Cited 1,102 times   7 Legal Analyses
    Holding that bidders at a county tax-lien auction plausibly alleged RICO proximate causation when they lost to a competing bidder who lied to the county about complying with the auction's rules

  10. Mertens v. Hewitt Assocs

    508 U.S. 248 (1993)   Cited 1,839 times   24 Legal Analyses
    Holding that relief under section 502 is limited to remedies traditionally available in equity, such as injunctions, mandamus, and restitution

  11. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 34,889 times   1234 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

  12. Section 2000e-5 - Enforcement provisions

    42 U.S.C. § 2000e-5   Cited 26,858 times   124 Legal Analyses
    Holding charges must be made in writing, under oath, and contain all information as the Commission requires

  13. Section 1132 - Civil enforcement

    29 U.S.C. § 1132   Cited 26,270 times   169 Legal Analyses
    Holding liable "[a]ny administrator" who fails to provide documents in a timely manner

  14. Section 1001 - Congressional findings and declaration of policy

    29 U.S.C. § 1001   Cited 20,515 times   59 Legal Analyses
    Noting that ERISA was enacted “to protect ... employee benefit plans and their beneficiaries”

  15. Section 1002 - Definitions

    29 U.S.C. § 1002   Cited 11,035 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

  16. Section 1104 - Fiduciary duties

    29 U.S.C. § 1104   Cited 4,823 times   72 Legal Analyses
    Specifying duties of a "fiduciary . . . with respect to a plan"

  17. Rule 53 - Masters

    Fed. R. Civ. P. 53   Cited 2,642 times   17 Legal Analyses
    Giving court-appointed masters the power to "regulate all proceedings" before them

  18. Section 1103 - Establishment of trust

    29 U.S.C. § 1103   Cited 880 times   9 Legal Analyses
    Providing that “all assets of an employee benefit plan shall be held in trust by one or more trustees”

  19. Section 1054 - Benefit accrual requirements

    29 U.S.C. § 1054   Cited 752 times   22 Legal Analyses
    Entitling participants to benefits "without regard to amendment" in case of an "egregious failure"

  20. Rule 301 - Presumptions in Civil Cases Generally

    Fed. R. Evid. 301   Cited 641 times   18 Legal Analyses
    Explaining presumptions

  21. Section 2520.102-3 - Contents of summary plan description

    29 C.F.R. § 2520.102-3   Cited 232 times   3 Legal Analyses
    Stating that SPDs must include "[t]he statement of ERISA rights described in section 104(c) of the Act, containing the items of information applicable to the plan included in the model statement of paragraph (t) of this section," which in turn includes the paragraph referenced by Triple–S under the header "Prudent Actions by Plan Fiduciaries"