§Why CasetextPricing

Creative Care, Inc. v. Connecticut General Life Insurance Company et al

NOTICE OF MOTION AND MOTION to Dismiss Complaint

37 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,170 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 279,246 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Franchise Tax Bd. v. Laborers Vacation Trust

    463 U.S. 1 (1983)   Cited 10,649 times   5 Legal Analyses
    Holding that a case may not be removed to federal court on the basis of a preemption defense even where "both parties admit that the defense is the only question truly at issue in the case"

  4. Shaw v. Delta Air Lines, Inc.

    463 U.S. 85 (1983)   Cited 3,544 times   18 Legal Analyses
    Holding that federal common law of ERISA preempts state law in the interpretation of ERISA benefit plans

  5. Harris Tr. & Sav. Bank v. Salomon Smith Barney Inc.

    530 U.S. 238 (2000)   Cited 551 times   9 Legal Analyses
    Holding that the authorization under 29 U.S.C. § 1132 "extends to a suit against a nonfiduciary 'party in interest' to a transaction barred by [29 U.S.C. § 1106]"

  6. Rush Prudential HMO, Inc. v. Moran

    536 U.S. 355 (2002)   Cited 335 times   9 Legal Analyses
    Holding that savings clause allowed Illinois to enforce law requiring independent medical review of certain denials of medical benefits

  7. Donovan v. Dillingham

    688 F.2d 1367 (11th Cir. 1982)   Cited 709 times   2 Legal Analyses
    Holding that a plan exists, whether "pursuant to a writing or not," where "a reasonable person could ascertain the intended benefits, beneficiaries, source of financing, and procedures for receiving benefits"

  8. Pascack Valley Hosp. v. Local 464A

    388 F.3d 393 (3d Cir. 2004)   Cited 338 times   2 Legal Analyses
    Holding that a hospital had an independent breach of contract action against the insurer because “the dispute here is not over the right to payment, which might be said to depend on the patients' assignments to the Providers, but the amount, or level, of payment, which depends on the terms of the provider agreements” (emphasis in original; quotation marks and alterations omitted)

  9. Spinedex Physical Therapy USA Inc. v. United Healthcare of Ariz., Inc.

    770 F.3d 1282 (9th Cir. 2014)   Cited 169 times   3 Legal Analyses
    Holding that a valid assignment of rights allows a third party to bring the beneficiary's claim

  10. Amato v. Bernard

    618 F.2d 559 (9th Cir. 1980)   Cited 436 times
    Holding that, although the statutes do not specify an exhaustion requirement, the legislative history and text of the statutes show that Congress intended to grant the courts authority to apply an exhaustion requirement in ERISA cases

  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 360,739 times   954 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,552 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 1132 - Civil enforcement

    29 U.S.C. § 1132   Cited 26,736 times   174 Legal Analyses
    Holding liable "[a]ny administrator" who fails to provide documents in a timely manner

  14. Section 1002 - Definitions

    29 U.S.C. § 1002   Cited 11,215 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