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Beesley et al v. International Paper Company et al

MEMORANDUM in Opposition re MOTION for Summary Judgment

45 Cited authorities

  1. 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

  2. Hughes Aircraft Co. v. Jacobson

    525 U.S. 432 (1999)   Cited 746 times   6 Legal Analyses
    Holding that certain amendments to pension plans do not trigger fiduciary duties, as long as the plan is actuarily sound

  3. LaRue v. Dewolff

    552 U.S. 248 (2008)   Cited 436 times   18 Legal Analyses
    Holding that § 1132 "does not provide a remedy for individual injuries distinct from plan injuries"

  4. Hecker v. Deere Co.

    556 F.3d 575 (7th Cir. 2009)   Cited 1,206 times   29 Legal Analyses
    Holding the use of revenue-sharing for plan expenses did not amount to an ERISA violation

  5. Limestone v. Village

    520 F.3d 797 (7th Cir. 2008)   Cited 655 times   1 Legal Analyses
    Holding that the continuing violation doctrine simply “allow suit to be delayed until a series of wrongful acts blossoms into an injury on which suit can be brought”

  6. Black Decker Corp. v. U.S.

    436 F.3d 431 (4th Cir. 2006)   Cited 381 times
    Concluding that a district court should not have granted summary judgment where a jury needed to weigh expert testimony "because witness credibility cannot be assessed on summary judgment"

  7. Bierwirth v. Donovan

    459 U.S. 1069 (1982)   Cited 210 times   1 Legal Analyses
    Holding that "truck drivers and yard workers [who] transport [an integrated poultry producer's] poultry between independent contract growers, which raise the chickens to market weight, and the company's processing plant" were "employees," rather than "agricultural laborers," under the Act

  8. Caputo v. Pfizer, Inc.

    267 F.3d 181 (2d Cir. 2001)   Cited 282 times   3 Legal Analyses
    Holding that the fraud or concealment provision applies to actions for breach of fiduciary duty in which the underlying action itself sounds in fraud

  9. Nobelpharma AB v. Implant Innovations, Inc.

    525 U.S. 876 (1998)   Cited 93 times
    Holding that "when parties include such a broad arbitration clause, they intend the clause to reach all aspects of the relationship."

  10. Donovan v. Bierwirth

    680 F.2d 263 (2d Cir. 1982)   Cited 377 times   6 Legal Analyses
    Holding that trustees failed to fulfill fiduciary duty by failing to do a more thorough job in ascertaining the facts surrounding the financial condition of pension funds

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,681 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. 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

  13. 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

  14. Rule 901 - Authenticating or Identifying Evidence

    Fed. R. Evid. 901   Cited 5,148 times   47 Legal Analyses
    Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication

  15. 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"

  16. Section 1109 - Liability for breach of fiduciary duty

    29 U.S.C. § 1109   Cited 2,489 times   9 Legal Analyses
    Breaching fiduciary "shall be subject to such other equitable or remedial relief as the court may deem appropriate"

  17. Section 401 - Qualified pension, profit-sharing, and stock bonus plans

    26 U.S.C. § 401   Cited 1,972 times   126 Legal Analyses
    Authorizing defined contribution plans for the benefit of employees

  18. Section 1102 - Establishment of plan

    29 U.S.C. § 1102   Cited 1,620 times   12 Legal Analyses
    Granting administrator, as “named fiduciary,” the “authority to control and manage the operation and administration of the plan”

  19. Section 1106 - Prohibited transactions

    29 U.S.C. § 1106   Cited 1,215 times   11 Legal Analyses
    Prohibiting a plan administrator or a plan fiduciary from transferring to or for the benefit of a party in interest any assets of the plan

  20. Section 1113 - Limitation of actions

    29 U.S.C. § 1113   Cited 1,042 times   43 Legal Analyses
    Recognizing a six year limitations period in instances of fraud or concealment

  21. Section 2510.3-102 - Definition of "plan assets"-participant contributions

    29 C.F.R. § 2510.3-102   Cited 186 times   3 Legal Analyses
    Defining "assets of the plan" to include amounts "that a participant or beneficiary pays to an employer ... [or] that a participant has withheld from his wages by an employer "

  22. 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"

  23. Section 2509.94-3 - Interpretive bulletin relating to in-kind contributions to employee benefit plans

    29 C.F.R. § 2509.94-3   Cited 13 times   1 Legal Analyses
    In 29 C.F.R. § 2509.94-1 Interpretive Bulletin, the Department of Labor observes, "... [B]ecause every investment necessarily causes a plan to forego other investment opportunities, an investment will not be prudent if it would be expected to provide a plan with a lower rate of return than available alternative investments with commensurate degrees of risk or is riskier than alternative available investments with commensurate rates of return."