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Gates v. Unitedhealth Group Inc. et al

MEMORANDUM OF LAW in Support re: 33 MOTION to Dismiss Plaintiff's First Amended Class Action Complaint.. Document

15 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,142 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 273,590 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. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,570 times   141 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

  4. Unified School Dist. v. Newdow

    542 U.S. 1 (2004)   Cited 1,219 times   2 Legal Analyses
    Holding that the plaintiff lacked standing because the interests of the plaintiff and the right-holder were "potentially in conflict"

  5. ATSI Communications, Inc. v. Shaar Fund, Ltd.

    493 F.3d 87 (2d Cir. 2007)   Cited 3,947 times   6 Legal Analyses
    Holding that because "a plaintiff must show . . . a primary violation by the controlled person" in order to "establish a prima facie case of control[-]person liability," a plaintiff who "fails to allege any primary violation . . . cannot establish control[-]person liability"

  6. Selevan v. New York Thruway Authority

    584 F.3d 82 (2d Cir. 2009)   Cited 382 times
    Finding that plaintiffs had adequately articulated Article III injury by alleging that they have paid higher tolls as a result of defendant's policy

  7. Baur v. Veneman

    352 F.3d 625 (2d Cir. 2003)   Cited 387 times   1 Legal Analyses
    Holding that plaintiff has standing to seek injunction to stop defendants from butchering non-ambulatory cows because of plaintiff's enhanced risk of mad cow disease as a consumer of beef

  8. Kendall v. Employees Retirement Plan of Avon Products

    561 F.3d 112 (2d Cir. 2009)   Cited 135 times   5 Legal Analyses
    Holding that a "plan participant suing under ERISA must establish both statutory standing and constitutional standing, meaning the plan participant must . . . assert a constitutionally sufficient injury arising from the breach of a statutorily imposed duty"

  9. 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 354,229 times   943 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  10. Section 1104 - Fiduciary duties

    29 U.S.C. § 1104   Cited 4,886 times   73 Legal Analyses
    Specifying duties of a "fiduciary . . . with respect to a plan"

  11. Section 1105 - Liability for breach of co-fiduciary

    29 U.S.C. § 1105   Cited 937 times   5 Legal Analyses
    Providing that a plan administrator may delegate fiduciary responsibilities if permitted by the ERISA plan

  12. Section 13951 - Transferred

    42 U.S.C. § 13951   Cited 52 times

    42 U.S.C. § 13951 EDITORIAL NOTES CODIFICATIONSection 13951 was editorially reclassified as section 12321 of Title 34, Crime Control and Law Enforcement.

  13. Appendix A to Subpart C of Part 164 - Security Standards: Matrix

    45 C.F.R. § 164 app A to Subpart C of Part 164   Cited 115 times   28 Legal Analyses

    Standards Sections Implementation Specifications (R) = Required, (A) = Addressable Administrative Safeguards Security Management Process 164.308(a)(1) Risk Analysis (R) Risk Management (R) Sanction Policy (R) Information System Activity Review (R) Assigned Security Responsibility 164.308(a)(2) (R) Workforce Security 164.308(a)(3) Authorization and/or Supervision (A) Workforce Clearance Procedure Termination Procedures (A) Information Access Management 164.308(a)(4) Isolating Health care Clearinghouse

  14. Section 164.504 - Uses and disclosures: Organizational requirements

    45 C.F.R. § 164.504   Cited 19 times   20 Legal Analyses
    Stating that business associates must "[m]ake available [PHI] in accordance with § 164.524"

  15. Section 160.104 - Modifications

    45 C.F.R. § 160.104   Cited 1 times   1 Legal Analyses

    (a) Except as provided in paragraph (b) of this section, the Secretary may adopt a modification to a standard or implementation specification adopted under this subchapter no more frequently than once every 12 months. (b) The Secretary may adopt a modification at any time during the first year after the standard or implementation specification is initially adopted, if the Secretary determines that the modification is necessary to permit compliance with the standard or implementation specification