23 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,709 times   279 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 266,625 times   365 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. Massachusetts Mut. Life Ins. Co. v. Russell

    473 U.S. 134 (1985)   Cited 2,112 times   14 Legal Analyses
    Holding that a participant's action filed pursuant to ERISA § 502 must seek remedies that provide a "benefit [to] the plan as a whole"
  4. Braden v. Wal-Mart Stores

    588 F.3d 585 (8th Cir. 2009)   Cited 1,860 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"
  5. Vinole v. Countrywide Home Loans

    571 F.3d 935 (9th Cir. 2009)   Cited 622 times   13 Legal Analyses
    Holding that district court abused its discretion in certifying class by relying on uniform exemption policy "to the near exclusion of other factors"
  6. Fallick v. Nationwide Mutual Insurance Company

    162 F.3d 410 (6th Cir. 1998)   Cited 421 times
    Holding that, "once the district court correctly determined that Fallick had standing to bring suit under ERISA against Nationwide with respect to its application of reasonable and customary limitations to its determination of medical benefits - a methodology which, by Nationwide's own admission, it employs in all the benefits plans which Fallick wishes to include under the aegis of the proposed class - the court should then have analyzed whether Fallick satisfied the criteria of Rule 23 with respect to the absent class members"
  7. Jones v. Harris Associates

    559 U.S. 335 (2010)   Cited 87 times   29 Legal Analyses
    Holding that deference is due where a board's process “for negotiating and reviewing investment-adviser compensation is robust”
  8. DeBruyne v. Equitable Life Assur. Soc. of U.S.

    920 F.2d 457 (7th Cir. 1990)   Cited 184 times   1 Legal Analyses
    Holding that plaintiff's evidence that an investment lost money, coupled with an expert's opinion that a typical funds manager would not have acted as the fiduciary had acted, was not sufficient to rebut the fiduciary's assertion at summary judgment that its investment strategies were prudent
  9. Chemung Canal Trust Co. v. Sovran Bank/Maryland

    939 F.2d 12 (2d Cir. 1991)   Cited 143 times   5 Legal Analyses
    Holding that under ERISA a breaching fiduciary is entitled to contribution protection traditionally granted fiduciaries under equitable provisions of trust law
  10. Summers v. State Street Bank Trust Co.

    453 F.3d 404 (7th Cir. 2006)   Cited 70 times   2 Legal Analyses
    Holding that whether ERISA defendants have a right contribution is unsettled, noting that Alton Memorial Hospital assumed such a right, but did not "actually discuss the question, which remains an open one in this circuit."
  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 345,885 times   922 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 26,279 times   170 Legal Analyses
    Holding liable "[a]ny administrator" who fails to provide documents in a timely manner
  13. Section 1109 - Liability for breach of fiduciary duty

    29 U.S.C. § 1109   Cited 2,489 times   9 Legal Analyses
    Breaching fiduciary "shall be subject to such other equitable or remedial relief as the court may deem appropriate"
  14. Section 1106 - Prohibited transactions

    29 U.S.C. § 1106   Cited 1,215 times   11 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