§Why CasetextPricing

Cynthia Gosper v. Pacific Life Insurance Co. et al

NOTICE OF MOTION AND MOTION to Dismiss Claims One, Two, Four and Five of Plaintiff's Complaint

31 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 261,602 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 274,949 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

  3. Aetna Health Inc. v. Davila

    542 U.S. 200 (2004)   Cited 2,764 times   30 Legal Analyses
    Holding that states cannot create new causes of action that conflict with ERISA's " ‘interlocking, interrelated, and interdependent remedial scheme,’ " located in § 502 of ERISA

  4. Metro. Life Ins. Co. v. Taylor

    481 U.S. 58 (1987)   Cited 4,493 times   7 Legal Analyses
    Holding that § 1144 preempts state common law claims

  5. Pilot Life Ins. Co. v. Dedeaux

    481 U.S. 41 (1987)   Cited 3,727 times   11 Legal Analyses
    Holding that civil enforcement scheme codified at § 502 is not to be supplemented by state law remedies

  6. Varity Corp. v. Howe

    516 U.S. 489 (1996)   Cited 2,405 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

  7. Shaw v. Delta Air Lines, Inc.

    463 U.S. 85 (1983)   Cited 3,540 times   18 Legal Analyses
    Holding that federal common law of ERISA preempts state law in the interpretation of ERISA benefit plans

  8. Cigna Corp. v. Amara

    563 U.S. 421 (2011)   Cited 1,122 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)"

  9. Ingersoll-Rand Co. v. McClendon

    498 U.S. 133 (1990)   Cited 1,896 times   5 Legal Analyses
    Holding that "[e]ven if there were no express pre-emption [under ERISA § 514(a)]" of the cause of action in that case, it "would be preempted because it conflict[ed] directly with an ERISA cause of action"

  10. New York State Blue Cross Plans v. Travelers Ins

    514 U.S. 645 (1995)   Cited 1,575 times   23 Legal Analyses
    Holding that a statute imposing a surcharge on "[p]atients served by commercial insurers providing in-patient hospital coverage on an expense-incurred basis, by self-insured funds directly reimbursing hospitals, and by certain workers' compensation, volunteer firefighters' benefit, ambulance workers' benefit, and no-fault motor vehicle insurance funds" . . . "cannot be said to make 'reference to' ERISA plans in any manner" because the surcharge applied "regardless of whether the commercial coverage or membership, respectively, [wa]s ultimately secured by an ERISA plan, private purchase, or otherwise"

  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 355,868 times   945 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 26,609 times   174 Legal Analyses
    Holding liable "[a]ny administrator" who fails to provide documents in a timely manner

  13. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 18,184 times   315 Legal Analyses
    Prohibiting unlawful business practices

  14. Section 1002 - Definitions

    29 U.S.C. § 1002   Cited 11,165 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 1144 - Other laws

    29 U.S.C. § 1144   Cited 7,028 times   53 Legal Analyses
    Saving clause