60 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,202 times   280 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
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,948 times   367 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' "
  3. Pegram v. Herdrich

    530 U.S. 211 (2000)   Cited 1,355 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"
  4. Hecker v. Deere Co.

    556 F.3d 575 (7th Cir. 2009)   Cited 1,208 times   29 Legal Analyses
    Holding the use of revenue-sharing for plan expenses did not amount to an ERISA violation
  5. Sprague v. General Motors Corp.

    133 F.3d 388 (6th Cir. 1998)   Cited 1,014 times   9 Legal Analyses
    Holding that the principle that the terms of the SPD control when they conflict with the terms of the underlying plan does not apply when the SPD is merely silent on an issue because "[a]n omission from the summary plan description does not, by negative implication, alter the terms of the plan itself"
  6. Pugh v. Tribune

    521 F.3d 686 (7th Cir. 2008)   Cited 535 times   4 Legal Analyses
    Holding that Stoneridge precluded primary liability for an insider at Tribune
  7. Parnes v. Gateway 2000, Inc.

    122 F.3d 539 (8th Cir. 1997)   Cited 662 times   1 Legal Analyses
    Holding that an alleged $6.8 million overstatement of assets was immaterial because it represented only two percent of the company's total assets
  8. Wiles v. Capitol Indem. Corp.

    280 F.3d 868 (8th Cir. 2002)   Cited 531 times
    Holding that plaintiff's joinder of insurance agents in lawsuit against insurer for breach of insurance contract was fraudulent
  9. Benton v. Merrill Lynch Co.

    524 F.3d 866 (8th Cir. 2008)   Cited 416 times
    Finding "'[w]here the allegations show on the face of the complaint there is some insuperable bar to relief, dismissal under Rule 12(b) is appropriate.'"
  10. Adams v. Freedom Forge Corp.

    204 F.3d 475 (3d Cir. 2000)   Cited 483 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
  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 348,503 times   930 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 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,110 times   321 Legal Analyses
    Requiring that fraud be pleaded with particularity
  13. Section 1002 - Definitions

    29 U.S.C. § 1002   Cited 11,076 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
  14. Section 1104 - Fiduciary duties

    29 U.S.C. § 1104   Cited 4,849 times   72 Legal Analyses
    Specifying duties of a "fiduciary . . . with respect to a plan"
  15. Section 1102 - Establishment of plan

    29 U.S.C. § 1102   Cited 1,624 times   12 Legal Analyses
    Granting administrator, as “named fiduciary,” the “authority to control and manage the operation and administration of the plan”
  16. Section 1105 - Liability for breach of co-fiduciary

    29 U.S.C. § 1105   Cited 931 times   5 Legal Analyses
    Providing that a plan administrator may delegate fiduciary responsibilities if permitted by the ERISA plan
  17. Section 1108 - Exemptions from prohibited transactions

    29 U.S.C. § 1108   Cited 513 times   3 Legal Analyses
    Granting the Department of Labor authority to grant exemptions from ERISA's prohibited-transaction provisions
  18. Section 402 - Taxability of beneficiary of employees' trust

    26 U.S.C. § 402   Cited 490 times   50 Legal Analyses
    Excepting amounts payable under a QDRO from the definition of lump sum
  19. Section 1107 - Limitation with respect to acquisition and holding of employer securities and employer real property by certain plans

    29 U.S.C. § 1107   Cited 214 times   1 Legal Analyses
    Exempting ESOPs from the generally applicable 10% limit on the portion of plan assets that may be invested in employer stock
  20. Section 1108 - Insurance

    16 U.S.C. § 1108

    The Commission shall maintain insurance in reasonable amounts, including, but not limited to, liability and property insurance. Such insurance may not cover the Commissioners or employees of the Commission except when sued by name for acts done in the scope of their employment. 16 U.S.C. § 1108 Pub. L. 88-363, §9, July 7, 1964, 78 Stat. 301.

  21. 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 515 times   9 Legal Analyses
    Recognizing limitations on directors' primary fiduciary liability " apart from co-fiduciary liability arising under circumstances described in section 405"
  22. Section 2550.404c-1 - ERISA section 404(c) plans

    29 C.F.R. § 2550.404c-1   Cited 87 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