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Cozen O'Connor, P.C. v. Tobits et al

RESPONSE in Opposition re MOTION for Judgment on the Pleadings

38 Cited authorities

  1. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,036 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. Cigna Corp. v. Amara

    563 U.S. 421 (2011)   Cited 1,109 times   101 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)"

  3. Gould Elecs. Inc. v. U.S.

    220 F.3d 169 (3d Cir. 2000)   Cited 2,642 times   1 Legal Analyses
    Holding that the phrase "law of the place" in the sixth prong of § 1346(b) is jurisdictional

  4. Adams v. Freedom Forge Corp.

    204 F.3d 475 (3d Cir. 2000)   Cited 482 times
    Holding in a case under the Employee Retirement Income Security Act that "financial distress suffered by employees whose wages have been terminated" does not qualify as irreparable harm to the employer upon which a preliminary injunction may issue

  5. Mele v. Federal Reserve Bank of New York

    359 F.3d 251 (3d Cir. 2004)   Cited 378 times
    Holding that when an employee was terminated for violating his employer's personnel guide, that guide formed the “heart” of the complaint and could be considered at the motion to dismiss stage

  6. Bixler v. Cent. Pa. Teamsters Health-Welfare

    12 F.3d 1292 (3d Cir. 1993)   Cited 347 times
    Holding that an ERISA fiduciary's duty to provide "complete and accurate information" to its beneficiaries "entails not only a negative duty not to misinform, but also an affirmative duty to inform when the trustee knows that silence might be harmful"

  7. Burstein v. Retirement Plan, Allegheny Health

    334 F.3d 365 (3d Cir. 2003)   Cited 201 times   1 Legal Analyses
    Holding that terms of summary plan description governed over conflicting plan language even where it provided that the plan would govern in the event of any differences between the documents

  8. Baldwin v. University of Pittsburgh

    636 F.3d 69 (3d Cir. 2011)   Cited 161 times
    Noting that " dismissal for lack of statutory standing is effectively the same as a dismissal for failure to state a claim"

  9. Diaz v. Prudential Ins. Co.

    499 F.3d 640 (7th Cir. 2007)   Cited 166 times
    Finding medical history that included heavy medication and repeated surgical procedures to be relevant in determining that claimant was disabled

  10. In re Unisys Corp.

    57 F.3d 1255 (3d Cir. 1995)   Cited 183 times
    Holding that "restitutionary reimbursement of back benefits" is form of equitable relief available under § 502

  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 348,148 times   927 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 26,353 times   171 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 20,557 times   59 Legal Analyses
    Noting that ERISA was enacted “to protect ... employee benefit plans and their beneficiaries”

  14. Section 1002 - Definitions

    29 U.S.C. § 1002   Cited 11,068 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

  15. Section 1104 - Fiduciary duties

    29 U.S.C. § 1104   Cited 4,843 times   72 Legal Analyses
    Specifying duties of a "fiduciary . . . with respect to a plan"

  16. Section 401 - Qualified pension, profit-sharing, and stock bonus plans

    26 U.S.C. § 401   Cited 1,974 times   127 Legal Analyses
    Authorizing defined contribution plans for the benefit of employees

  17. Section 1022 - Summary plan description

    29 U.S.C. § 1022   Cited 1,276 times   16 Legal Analyses
    Requiring the summary plan description to be furnished to participants

  18. Section 1053 - Minimum vesting standards

    29 U.S.C. § 1053   Cited 613 times   1 Legal Analyses
    Requiring that participants in a defined benefit plan acquire a nonforfeitable right to 100% of their accrued benefits after no more than seven years of service

  19. Section 1055 - Requirement of joint and survivor annuity and preretirement survivor annuity

    29 U.S.C. § 1055   Cited 382 times   1 Legal Analyses
    Stating that certain pension plans must be provided in the form of a qualified joint and survivor annuity benefit

  20. Section 7 - Marriage

    1 U.S.C. § 7   Cited 152 times   9 Legal Analyses
    Containing no money-mandating provisions

  21. Section 2520.102-3 - Contents of summary plan description

    29 C.F.R. § 2520.102-3   Cited 233 times   3 Legal Analyses
    Stating that SPDs must include "[t]he statement of ERISA rights described in section 104(c) of the Act, containing the items of information applicable to the plan included in the model statement of paragraph (t) of this section," which in turn includes the paragraph referenced by Triple–S under the header "Prudent Actions by Plan Fiduciaries"

  22. Section 2520.102-2 - Style and format of summary plan description

    29 C.F.R. § 2520.102-2   Cited 165 times   11 Legal Analyses
    Detailing standards of clarity in summary plan descriptions