§Why CasetextPricing

Elbeco Incorporated v. National Retirement Fund

MEMORANDUM/OPINION THAT DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT, ECF NO. 26, IS GRANTED.SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 7/19/16. 7/19/16 ENTERED AND COPIES E-MAILED.

25 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 267,100 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 280,127 times   369 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. Papasan v. Allain

    478 U.S. 265 (1986)   Cited 17,464 times   6 Legal Analyses
    Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"

  4. Phillips v. County of Allegheny

    515 F.3d 224 (3d Cir. 2008)   Cited 17,484 times   2 Legal Analyses
    Holding that a district court need not permit a curative amendment if such amendment would be futile

  5. In re Burlington Coat Factory

    114 F.3d 1410 (3d Cir. 1997)   Cited 8,051 times   4 Legal Analyses
    Holding that a court may consider a "document integral to or explicitly relied upon in the complaint" when deciding a motion to dismiss

  6. Hedges v. U.S.

    404 F.3d 744 (3d Cir. 2005)   Cited 3,028 times
    Holding the SIAA's two-year statute of limitations, previously codified at 46 U.S.C. § 745, was not jurisdictional and therefore subject to equitable tolling

  7. Pinker v. Roche Holdings Ltd.

    292 F.3d 361 (3d Cir. 2002)   Cited 2,422 times
    Holding that in ruling on a Rule 12(b) motion we must accept all of the plaintiff's allegations as true and construct disputed facts in favor of the plaintiff.

  8. Pension Benefit Guaranty Corp. v. R. A. Gray Co.

    467 U.S. 717 (1984)   Cited 773 times   4 Legal Analyses
    Holding that retroactive aspects of legislation must satisfy due process, a burden "met simply by showing that the retroactive application of the legislation is itself justified by a rational legislative purpose"

  9. Kehr Packages, Inc. v. Fidelcor, Inc.

    926 F.2d 1406 (3d Cir. 1991)   Cited 2,069 times
    Holding that the RlCO-continuity analysis of an allegedly fraudulent scheme must focus on "the instances of deceit constituting the underlying fraudulent scheme"

  10. In re Suprema Specialties, Inc.

    438 F.3d 256 (3d Cir. 2006)   Cited 571 times
    Holding that Securities Act claims that allege negligence and are pleaded separately from Section 10(b) claims will not trigger the Rule 9(b) standard

  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 361,853 times   961 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 164,069 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,154 times   335 Legal Analyses
    Requiring that fraud be pleaded with particularity

  14. Section 1381 - Withdrawal liability established; criteria and definitions

    29 U.S.C. § 1381   Cited 1,168 times   6 Legal Analyses
    Obligating employers who exit multiemployer pension plans to pay withdrawal liability equaling the employer's share of the plan's unvested benefits

  15. Section 1401 - Resolution of disputes

    29 U.S.C. § 1401   Cited 847 times   1 Legal Analyses
    Establishing a presumption of correctness for "the findings of fact made by the arbitrator"

  16. Section 1399 - Notice, collection, etc., of withdrawal liability

    29 U.S.C. § 1399   Cited 734 times   3 Legal Analyses
    Granting the employer 90 days to ask the plan sponsor to review its determination of the employer's liability

  17. Section 1021 - Duty of disclosure and reporting

    29 U.S.C. § 1021   Cited 657 times   3 Legal Analyses
    Excepting from the definition of “blackout” a suspension of distributions which occur “by reason of the application of the securities laws”

  18. Section 1382 - Determination and collection of liability; notification of employer

    29 U.S.C. § 1382   Cited 305 times
    Providing that a sponsor "shall" determine the amount of an employer's withdrawal liability and collect that amount