29 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 262,161 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 275,491 times 368 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
Varity Corp. v. Howe
516 U.S. 489 (1996) Cited 2,408 times 33 Legal Analyses
Holding that ERISA fiduciaries may have duties to disclose information about plan prospects that they have no duty, or even power, to change
Pegram v. Herdrich
530 U.S. 211 (2000) Cited 1,377 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"
Pugh v. Tribune
521 F.3d 686 (7th Cir. 2008) Cited 537 times 4 Legal Analyses
Holding that Stoneridge precluded primary liability for an insider at Tribune
Kayes v. Pacific Lumber Co.
51 F.3d 1449 (9th Cir. 1995) Cited 287 times
Holding that a plaintiff who sues under Section 1132 "does so on behalf of the plan and not in his individual capacity. While the individual has standing to bring the suit, and stands to gain if the suit is successful, his benefit is secondary or derivative of the plans gain"
Coyne Delany Co. v. Selman
98 F.3d 1457 (4th Cir. 1996) Cited 262 times
Holding that state malpractice claims against insurer for negligently failing to obtain replacement insurance plan was not preempted
Briscoe v. Fine
444 F.3d 478 (6th Cir. 2006) Cited 169 times 2 Legal Analyses
Holding that a party that "had the power to write checks on the plan account . . . and exercised that power" was a fiduciary because it exercised control over plan assets
Leigh v. Engle
727 F.2d 113 (7th Cir. 1984) Cited 311 times
Holding that a close relationship with, and "de facto control over," plan administrators implicated fiduciary duties
In re Fruehauf Trailer Corp.
250 B.R. 168 (D. Del. 2000) Cited 102 times
Holding that fraudulent concealment may be stated by alleging a business fiduciary relationship between defendants and plaintiffs, including a duty to disclose, which defendants breached
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 161,322 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 1002 - Definitions
29 U.S.C. § 1002 Cited 11,174 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
Section 1105 - Liability for breach of co-fiduciary
29 U.S.C. § 1105 Cited 938 times 5 Legal Analyses
Providing that a plan administrator may delegate fiduciary responsibilities if permitted by the ERISA plan

Crocker, et al. v. KV Pharmaceutical Co., et al.

29 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

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

Holding that ERISA fiduciaries may have duties to disclose information about plan prospects that they have no duty, or even power, to change

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 Stoneridge precluded primary liability for an insider at Tribune

Holding that a plaintiff who sues under Section 1132 "does so on behalf of the plan and not in his individual capacity. While the individual has standing to bring the suit, and stands to gain if the suit is successful, his benefit is secondary or derivative of the plans gain"

Holding that state malpractice claims against insurer for negligently failing to obtain replacement insurance plan was not preempted

Holding that a party that "had the power to write checks on the plan account . . . and exercised that power" was a fiduciary because it exercised control over plan assets

Holding that a close relationship with, and "de facto control over," plan administrators implicated fiduciary duties

Holding that fraudulent concealment may be stated by alleging a business fiduciary relationship between defendants and plaintiffs, including a duty to disclose, which defendants breached

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

Holding that ERISA is a federal law that sets standards of protection for individuals in most voluntarily established, private-sector retirement plans

Providing that a plan administrator may delegate fiduciary responsibilities if permitted by the ERISA plan