43 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,709 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
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,625 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' "
Tellabs v. Makor Issues Rights
551 U.S. 308 (2007) Cited 9,121 times 104 Legal Analyses
Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"
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)"
Pegram v. Herdrich
530 U.S. 211 (2000) Cited 1,350 times 11 Legal Analyses
Holding that there was "jurisdiction regardless of the correctness of the removal" because the "amended complaint alleged ERISA violations, over which the federal courts have jurisdiction"
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"
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
Secretary v. Trimble
484 F.3d 700 (4th Cir. 2007) Cited 951 times
Holding that court may take judicial notice of matters of public record without converting motion to dismiss into motion for summary judgment
Veney v. Wyche
293 F.3d 726 (4th Cir. 2002) Cited 1,050 times 1 Legal Analyses
Holding that a court need not accept a plaintiff's allegation if it contradicts documents properly considered with the complaint
Pension Benefit Guar. Corp. v. Morgan Stanley Inv. Mgmt. Inc.
712 F.3d 705 (2d Cir. 2013) Cited 629 times 4 Legal Analyses
Holding that although failure to diversify may give rise to a claim for breach of fiduciary duty, plaintiff failed to state a claim on the facts alleged
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 345,885 times 922 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 1132 - Civil enforcement
29 U.S.C. § 1132 Cited 26,279 times 170 Legal Analyses
Holding liable "[a]ny administrator" who fails to provide documents in a timely manner
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
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
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
Section 1105 - Liability for breach of co-fiduciary
29 U.S.C. § 1105 Cited 930 times 5 Legal Analyses
Providing that a plan administrator may delegate fiduciary responsibilities if permitted by the ERISA plan
Section 1101 - Coverage
29 U.S.C. § 1101 Cited 845 times 6 Legal Analyses
Applying subsections (b) and (b) "[f]or purposes of this part," that is, Part 4, which comprises §§ 1101-1114
Section 1108 - Exemptions from prohibited transactions
29 U.S.C. § 1108 Cited 510 times 3 Legal Analyses
Granting the Department of Labor authority to grant exemptions from ERISA's prohibited-transaction provisions
Section 2509.75-8 - Questions and answers relating to fiduciary responsibility under the Employee Retirement Income Security Act of 1974
29 C.F.R. § 2509.75-8 Cited 514 times 9 Legal Analyses
Recognizing limitations on directors' primary fiduciary liability " apart from co-fiduciary liability arising under circumstances described in section 405"
Section 2550.404c-1 - ERISA section 404(c) plans
29 C.F.R. § 2550.404c-1 Cited 86 times 6 Legal Analyses
Specifying that "The standards set forth in this section are applicable solely for the purpose of determining whether a plan is an ERISA section 404(c) plan" and "are not intended" to determine other responsibilities under ERISA

Bowers et al v. BB&amp;T Corporation et al

43 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

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' "

Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

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)"

Holding that there was "jurisdiction regardless of the correctness of the removal" because the "amended complaint alleged ERISA violations, over which the federal courts have jurisdiction"

Holding fiduciary had duty to disclose "complete and accurate material information about the Plan funds and the process by which they were selected"

Holding the use of revenue-sharing for plan expenses did not amount to an ERISA violation

Holding that court may take judicial notice of matters of public record without converting motion to dismiss into motion for summary judgment

Holding that a court need not accept a plaintiff's allegation if it contradicts documents properly considered with the complaint

Holding that although failure to diversify may give rise to a claim for breach of fiduciary duty, plaintiff failed to state a claim on the facts alleged

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding liable "[a]ny administrator" who fails to provide documents in a timely manner

Holding that ERISA is a federal law that sets standards of protection for individuals in most voluntarily established, private-sector retirement plans

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

Recognizing a six year limitations period in instances of fraud or concealment

Providing that a plan administrator may delegate fiduciary responsibilities if permitted by the ERISA plan

Applying subsections (b) and (b) "[f]or purposes of this part," that is, Part 4, which comprises §§ 1101-1114

Granting the Department of Labor authority to grant exemptions from ERISA's prohibited-transaction provisions

Recognizing limitations on directors' primary fiduciary liability " apart from co-fiduciary liability arising under circumstances described in section 405"

Specifying that "The standards set forth in this section are applicable solely for the purpose of determining whether a plan is an ERISA section 404(c) plan" and "are not intended" to determine other responsibilities under ERISA

Bowers et al v. BB&T Corporation et al