§Why CasetextPricing

Beverly A. Richardson v. Aetna Health of California Inc., et al

NOTICE OF MOTION AND MOTION to Dismiss Case

24 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,227 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

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 267,097 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' "

  3. Aetna Health Inc. v. Davila

    542 U.S. 200 (2004)   Cited 2,706 times   30 Legal Analyses
    Holding that states cannot create new causes of action that conflict with ERISA's " ‘interlocking, interrelated, and interdependent remedial scheme,’ " located in § 502 of ERISA

  4. Metro. Life Ins. Co. v. Taylor

    481 U.S. 58 (1987)   Cited 4,447 times   7 Legal Analyses
    Holding that § 1144 preempts state common law claims

  5. Pilot Life Ins. Co. v. Dedeaux

    481 U.S. 41 (1987)   Cited 3,706 times   11 Legal Analyses
    Holding that civil enforcement scheme codified at § 502 is not to be supplemented by state law remedies

  6. 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)"

  7. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 16,009 times   5 Legal Analyses
    Holding that a cognizable gender discrimination claim could be brought by a female domestic violence victim where the victim alleged police denied protection and made misogynistic comments including that "he did not blame [the victim's] husband for hitting her, because of the way she was 'carrying on'"

  8. Ingersoll-Rand Co. v. McClendon

    498 U.S. 133 (1990)   Cited 1,871 times   5 Legal Analyses
    Holding that "[e]ven if there were no express pre-emption [under ERISA § 514(a)]" of the cause of action in that case, it "would be preempted because it conflict[ed] directly with an ERISA cause of action"

  9. New York State Blue Cross Plans v. Travelers Ins

    514 U.S. 645 (1995)   Cited 1,553 times   24 Legal Analyses
    Holding that a statute imposing a surcharge on "[p]atients served by commercial insurers providing in-patient hospital coverage on an expense-incurred basis, by self-insured funds directly reimbursing hospitals, and by certain workers' compensation, volunteer firefighters' benefit, ambulance workers' benefit, and no-fault motor vehicle insurance funds" . . . "cannot be said to make 'reference to' ERISA plans in any manner" because the surcharge applied "regardless of whether the commercial coverage or membership, respectively, [wa]s ultimately secured by an ERISA plan, private purchase, or otherwise"

  10. California Labor Stds. Enf. v. Dillingham Constr

    519 U.S. 316 (1997)   Cited 725 times   11 Legal Analyses
    Holding that ERISA did not pre-empt a California statute that incentivized, but did not require, plans to follow certain standards for apprenticeship programs

  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 346,412 times   923 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 26,297 times   170 Legal Analyses
    Holding liable "[a]ny administrator" who fails to provide documents in a timely manner

  13. Section 1001 - Congressional findings and declaration of policy

    29 U.S.C. § 1001   Cited 20,531 times   59 Legal Analyses
    Noting that ERISA was enacted “to protect ... employee benefit plans and their beneficiaries”

  14. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,850 times   315 Legal Analyses
    Prohibiting unlawful business practices

  15. Section 1144 - Other laws

    29 U.S.C. § 1144   Cited 6,976 times   51 Legal Analyses
    Saving clause

  16. Section 1003 - Coverage

    29 U.S.C. § 1003   Cited 1,614 times   8 Legal Analyses
    Defining employee benefit plan governed by ERISA