§Why CasetextPricing

Flagg v. Skadden, Arps, Slate, Meagher & Flom L.L.P. et al

REPLY MEMORANDUM OF LAW in Support re: 29 MOTION for Reconsideration re; 27 Order on Motion to Dismiss, That the Court Reconsider its Holding That New York's Accrual Rule Applies to Ms. Alvarez's Federal ERISA Claim. MOTION for Reconsideration re; 27 Order on Motion to Dismiss, That the Court Reconsider its Holding That New York's Accrual Rule Applies to Ms. Alvarez's Federal ERISA Claim.. Document

42 Cited authorities

  1. Guilbert v. Gardner

    480 F.3d 140 (2d Cir. 2007)   Cited 614 times
    Holding that at-will employment agreement including promise to contribute $10,000 annually during employment to pension fund was not covered by Statute of Frauds under Cron because obligation was fixed and performable within one year

  2. Cada v. Baxter Healthcare Corp.

    920 F.2d 446 (7th Cir. 1990)   Cited 924 times   2 Legal Analyses
    Holding that the discovery rule is "read into statutes of limitations in federal-question cases (even when those statutes of limitations are borrowed from state law)"

  3. Leon v. Murphy

    988 F.2d 303 (2d Cir. 1993)   Cited 654 times
    Holding that a complaint that contains only conclusory, vague or general allegations cannot withstand a motion to dismiss

  4. Singleton v. City of New York

    632 F.2d 185 (2d Cir. 1980)   Cited 787 times
    Holding that proceedings are "terminated in favor of the accused" for the purpose of a malicious prosecution claim only if their final disposition is such as to indicate the accused is not guilty

  5. McLaughlin v. Tobacco Co.

    522 F.3d 215 (2d Cir. 2008)   Cited 305 times   17 Legal Analyses
    Holding that an aggregate determination that “bears little or no relationship to the amount of economic harm actually caused” violates the Rules Enabling Act

  6. Global Financial Corp. v. Triarc Corp.

    93 N.Y.2d 525 (N.Y. 1999)   Cited 284 times
    Holding that where the alleged injury was "purely economic," the non-resident corporate Plaintiff's breach of contract claims accrued in the jurisdiction in which it sustained the economic impact of the alleged breach — either the state of incorporation or its principal place of business — rather than New York, thus requiring application of the borrowing statute

  7. Cullen v. Margiotta

    811 F.2d 698 (2d Cir. 1987)   Cited 407 times   1 Legal Analyses
    Holding RICO claim was not barred by prior New York judgment

  8. Miles v. New York State Teamsters Conference Pension & Retirement Fund Employee Pension Benefit Plan

    698 F.2d 593 (2d Cir. 1983)   Cited 363 times
    Holding that § 1132 claims arising in New York are subject to a six-year limitation period

  9. Morse v. University of Vermont

    973 F.2d 122 (2d Cir. 1992)   Cited 269 times
    Holding that where state claims involved novel questions of state law, it was an abuse of discretion to exercise jurisdiction over the state claims after dismissing the federal claims

  10. Buttry v. General Signal Corp.

    68 F.3d 1488 (2d Cir. 1995)   Cited 232 times
    Holding that cause of action accrued when union manifestly abandoned the interests of its members

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 487,431 times   692 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

  12. Section 1001 - Congressional findings and declaration of policy

    29 U.S.C. § 1001   Cited 20,530 times   59 Legal Analyses
    Noting that ERISA was enacted “to protect ... employee benefit plans and their beneficiaries”