47 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 271,409 times 281 Legal Analyses
Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 284,187 times 370 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
Erickson v. Pardus
551 U.S. 89 (2007) Cited 66,437 times 3 Legal Analyses
Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"
Pegram v. Herdrich
530 U.S. 211 (2000) Cited 1,399 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"
Tamayo v. Blagojevich
526 F.3d 1074 (7th Cir. 2008) Cited 3,109 times 6 Legal Analyses
Holding that a senior administrator who testified before a legislative committee with oversight of her agency was "discharging the responsibilities of her office, not appearing as 'Jane Q. Public.' "
Braden v. Wal-Mart Stores
588 F.3d 585 (8th Cir. 2009) Cited 1,995 times 6 Legal Analyses
Holding fiduciary had duty to disclose "complete and accurate material information about the Plan funds and the process by which they were selected"
Central States Pension Fund v. Central Transp
472 U.S. 559 (1985) Cited 628 times 4 Legal Analyses
Holding ERISA fiduciaries to the "more specific trustee duties itemized in the Act"
Apex Digital v. Sears
572 F.3d 440 (7th Cir. 2009) Cited 853 times
Holding that standing is a jurisdictional requirement
Arreola v. Godinez
546 F.3d 788 (7th Cir. 2008) Cited 699 times
Holding that the need for individual damages determination did not require denial of the motion for class certification
Limestone v. Village
520 F.3d 797 (7th Cir. 2008) Cited 664 times 1 Legal Analyses
Holding that the continuing violation doctrine simply “allow suit to be delayed until a series of wrongful acts blossoms into an injury on which suit can be brought”
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 166,425 times 198 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 1106 - Prohibited transactions
29 U.S.C. § 1106 Cited 1,249 times 14 Legal Analyses
Prohibiting a plan administrator or a plan fiduciary from transferring to or for the benefit of a party in interest any assets of the plan

Diebold et al v. Northern Trust Investments, N.A. et al

47 Cited authorities

Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"

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 a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

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 a senior administrator who testified before a legislative committee with oversight of her agency was "discharging the responsibilities of her office, not appearing as 'Jane Q. Public.' "

Holding fiduciary had duty to disclose "complete and accurate material information about the Plan funds and the process by which they were selected"

Holding ERISA fiduciaries to the "more specific trustee duties itemized in the Act"

Holding that standing is a jurisdictional requirement

Holding that the need for individual damages determination did not require denial of the motion for class certification

Holding that the continuing violation doctrine simply “allow suit to be delayed until a series of wrongful acts blossoms into an injury on which suit can be brought”

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

Prohibiting a plan administrator or a plan fiduciary from transferring to or for the benefit of a party in interest any assets of the plan