§Why CasetextPricing

Connecticut General Life Insurance Company et al v. Sky Toxicology, Ltd. et al

REPLY to Response to Motion re MOTION TO DISMISS 1 Complaint, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction 1 Complaint

23 Cited authorities

  1. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,840 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"

  2. Allen v. Wright

    468 U.S. 737 (1984)   Cited 4,756 times   9 Legal Analyses
    Holding that, even when plaintiffs allege "one of the most serious injuries recognized in our legal system," it's not justiciable where "the chain of causation between the challenged Government conduct and the asserted injury are far too weak for the chain as a whole to sustain respondents' standing"

  3. Pilot Life Ins. Co. v. Dedeaux

    481 U.S. 41 (1987)   Cited 3,704 times   11 Legal Analyses
    Holding that civil enforcement scheme codified at § 502 is not to be supplemented by state law remedies

  4. Mcconnell v. F.E.C.

    540 U.S. 93 (2003)   Cited 603 times   7 Legal Analyses
    Holding BCRA survived exacting scrutiny, given the “important state interests” in “providing the electorate with information, deterring actual corruption and avoiding any appearance thereof, and gathering the data necessary to enforce more substantive electioneering restrictions”

  5. Nat'l Sec. Sys., Inc. v. Iola

    700 F.3d 65 (3d Cir. 2012)   Cited 179 times
    Holding a misrepresentation claim preempted based on statements that occurred after the participants had entered into an ERISA plan but allowing a misrepresentation claim based on statements made before the participants had entered into the plan to proceed

  6. Butero v. Royal Maccabees Life Insurance Co.

    174 F.3d 1207 (11th Cir. 1999)   Cited 253 times
    Holding that an ERISA plan existed notwithstanding underwriter's refusal to issue life insurance policy months after coverage putatively began, because "whether a plan is 'established' is determined by the employer's conduct, not that of any other ERISA entity" and " employer represented to employees that life insurance was available, took payroll deductions to pay premiums, in fact paid premiums, and obviously intended for life insurance to take effect"

  7. Ameritox, Ltd. v. Millennium Labs., Inc.

    803 F.3d 518 (11th Cir. 2015)   Cited 124 times
    Holding district court's decision to retain supplemental jurisdiction over state-law claims was an abuse of discretion because "it resulted in the needless creation of new law for nine states and permitted parties that were either ignorant of the law or disingenuous to waste scarce judicial resources"

  8. Blue Cross and Blue Shield of Ala. v. Weitz

    913 F.2d 1544 (11th Cir. 1990)   Cited 195 times
    Holding that whether or not "change of circumstances" is viewed as an affirmative defense to an ERISA civil enforcement action, it must be raised by the non-movant in response to a motion for summary judgment, or it is waived

  9. Hobbs v. Blue Cross Blue Shield of Alabama

    276 F.3d 1236 (11th Cir. 2001)   Cited 115 times   1 Legal Analyses
    Holding that a healthcare provider cannot be held as an assignee of patients' ERISA benefits absent a factual showing by the party seeking removal

  10. Kollman v. Hewitt Assoc

    487 F.3d 139 (3d Cir. 2007)   Cited 88 times   1 Legal Analyses
    Holding that a request for "all documents of any nature which relate, reflect or refer" to a benefits decision was insufficient to trigger the penalty provision

  11. Section 1132 - Civil enforcement

    29 U.S.C. § 1132   Cited 26,281 times   170 Legal Analyses
    Holding liable "[a]ny administrator" who fails to provide documents in a timely manner