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Bilewicz v. FMR LLC et al

MEMORANDUM in Opposition re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction

81 Cited authorities

  1. Jones v. Bock

    549 U.S. 199 (2007)   Cited 12,785 times   7 Legal Analyses
    Holding that PLRA exhaustion is mandatory, and prisoners cannot bring unexhausted claims into federal court

  2. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,832 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"

  3. Amchem Prods., Inc. v. Windsor

    521 U.S. 591 (1997)   Cited 6,954 times   69 Legal Analyses
    Holding that courts are "bound to enforce" Rule 23's certification requirements, even where it means decertifying a class after they had reached a settlement agreement and submitted it to the court for approval

  4. Massachusetts Mut. Life Ins. Co. v. Russell

    473 U.S. 134 (1985)   Cited 2,112 times   14 Legal Analyses
    Holding that a participant's action filed pursuant to ERISA § 502 must seek remedies that provide a "benefit [to] the plan as a whole"

  5. Ortiz v. Fibreboard Corp.

    527 U.S. 815 (1999)   Cited 931 times   18 Legal Analyses
    Holding that "a fairness hearing under Rule 23(e) is no substitute for rigorous adherence to those provisions of the Rule designed to protect absentees"

  6. Braden v. Wal-Mart Stores

    588 F.3d 585 (8th Cir. 2009)   Cited 1,860 times   6 Legal Analyses
    Holding fiduciary had duty to disclose "complete and accurate material information about the Plan funds and the process by which they were selected"

  7. 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

  8. Lewis v. City of Chi.

    560 U.S. 205 (2010)   Cited 234 times   7 Legal Analyses
    Holding Evans and its progeny "establish only that a Title VII plaintiff must show a present violation within the limitations period"

  9. Chao v. Hall Holding Co., Inc.

    285 F.3d 415 (6th Cir. 2002)   Cited 839 times
    Holding that the trustee breached his duties when: the trustee relied on incorrect information; the trustee was generally unaware of what was going on; the trustee was not consulted on major decisions; there was no negotiation as to the stock price; there was more concern for the return on investment for the Master Trust; and the ESOP was charged several thousand dollars more so that defendants could deal in round numbers

  10. Cabán Hernández v. Philip Morris USA, Inc.

    486 F.3d 1 (1st Cir. 2007)   Cited 433 times   2 Legal Analyses
    Holding that "the district court acted justifiably in rebuffing the appellants' proffered counter-statement and crediting Phillip Morris' version of the facts; [since] the appellants did not admit, deny or qualify [its] assertions of fact paragraph by paragraph as required by Local Rule 56."

  11. Section 1002 - Definitions

    29 U.S.C. § 1002   Cited 11,041 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

  12. 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"

  13. Section 77k - Civil liabilities on account of false registration statement

    15 U.S.C. § 77k   Cited 2,113 times   85 Legal Analyses
    Holding liable for a false registration statement "every person who was a director of . . . or partner in the issuer" at time of filing

  14. 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

  15. 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

  16. Section 1110 - Exculpatory provisions; insurance

    29 U.S.C. § 1110   Cited 186 times   3 Legal Analyses
    Invalidating "any provision in an agreement or instrument which purports to relieve a fiduciary from responsibility or liability for any responsibility, obligation or duty."

  17. Section 2550.404a-5 - Fiduciary requirements for disclosure in participant-directed individual account plans

    29 C.F.R. § 2550.404a-5   Cited 22 times   16 Legal Analyses
    Noting that fiduciaries have a duty to "monitor ... designated investment alternatives offered under the plan"