56 Cited authorities

Pegram v. Herdrich
530 U.S. 211 (2000) Cited 1,391 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"
Jacques v. First Nat'l Bank
307 Md. 527 (Md. 1986) Cited 422 times
Holding that a bank owed a duty of care to vulnerable loan applicants
Shekoyan v. Sibley Intern. Corp.
217 F. Supp. 2d 59 (D.D.C. 2002) Cited 250 times
Finding that “a permanent resident alien, who was employed extraterritorially, ” is “outside the scope of the protections of Title VII” and thus the court “lacks subject matter jurisdiction” over his Title VII claim
Scott v. District of Columbia
101 F.3d 748 (D.C. Cir. 1996) Cited 176 times
Holding that attempt to secure conviction was not abuse of process even where defendant alleged police officers had "ulterior aim of covering up their use of excessive force"
In re Worldcom, Inc. Erisa Litigation
263 F. Supp. 2d 745 (S.D.N.Y. 2003) Cited 136 times
Holding that a directed trustee is obligated "to follow only `proper' directions of the [named fiduciary], directions which were made in accordance with the terms of the [Plan] and which were not `contrary to' the ERISA statute"
Mellon Bank Corp. v. First Union Real Estate
951 F.2d 1399 (3d Cir. 1991) Cited 186 times
Holding that First Union's repudiation of its promise not to prepay mortgages held by Mellon Bank was not evidence of fraud in the absence of evidence that First Union's original intent was not be abide by the original agreement
IN RE IBP INC. v. TYSON FOODS INC
789 A.2d 14 (Del. Ch. 2001) Cited 139 times 27 Legal Analyses
Holding that the "question of which party has the burden of proof may be seen as purely procedural. But the question of what the burden of proof is typically constitutes a policy judgment designed to affect the outcome of the court's decision on the merits."
Daisley v. Riggs Bank, N.A.
372 F. Supp. 2d 61 (D.D.C. 2005) Cited 101 times
Holding that only Daisley's "remaining breach of contract claims regarding enhanced compensation, based upon Riggs' alleged modification of the offer letter, survive defendants' present motion [to dismiss]"
Whelan v. Abell
48 F.3d 1247 (D.C. Cir. 1995) Cited 135 times
Holding that appellant waived its claim that its opponent had waived the protections of the Noerr-Pennington doctrine by failing to assert the opponent's waiver
In re Polaroid Erisa Litigation
362 F. Supp. 2d 461 (S.D.N.Y. 2005) Cited 90 times
Holding that plaintiffs stated a claim based on defendants' alleged failure “to keep Plan participants informed of material adverse developments” regarding the employer's deteriorating financial situation
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 362,607 times 962 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 164,455 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 40,207 times 337 Legal Analyses
Requiring that fraud be pleaded with particularity

Capitol Justice LLC et al v. Wachovia Corporation et al

56 Cited authorities

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 that a bank owed a duty of care to vulnerable loan applicants

Finding that “a permanent resident alien, who was employed extraterritorially, ” is “outside the scope of the protections of Title VII” and thus the court “lacks subject matter jurisdiction” over his Title VII claim

Holding that attempt to secure conviction was not abuse of process even where defendant alleged police officers had "ulterior aim of covering up their use of excessive force"

Holding that a directed trustee is obligated "to follow only `proper' directions of the [named fiduciary], directions which were made in accordance with the terms of the [Plan] and which were not `contrary to' the ERISA statute"

Holding that First Union's repudiation of its promise not to prepay mortgages held by Mellon Bank was not evidence of fraud in the absence of evidence that First Union's original intent was not be abide by the original agreement

Holding that the "question of which party has the burden of proof may be seen as purely procedural. But the question of what the burden of proof is typically constitutes a policy judgment designed to affect the outcome of the court's decision on the merits."

Holding that only Daisley's "remaining breach of contract claims regarding enhanced compensation, based upon Riggs' alleged modification of the offer letter, survive defendants' present motion [to dismiss]"

Holding that appellant waived its claim that its opponent had waived the protections of the Noerr-Pennington doctrine by failing to assert the opponent's waiver

Holding that plaintiffs stated a claim based on defendants' alleged failure “to keep Plan participants informed of material adverse developments” regarding the employer's deteriorating financial situation

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

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Requiring that fraud be pleaded with particularity