§Why CasetextPricing

Goldenberg v. Indel, Inc. et al

MEMORANDUM in Support re MOTION to Dismiss

59 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,626 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 266,542 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. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,121 times   104 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  4. Dura Pharmaceuticals v. Broudo

    544 U.S. 336 (2005)   Cited 3,550 times   67 Legal Analyses
    Holding that the securities statutes have a private of action “not to provide investors with broad insurance against market losses, but to protect them against those economic losses that misrepresentations actually cause”

  5. Mertens v. Hewitt Assocs

    508 U.S. 248 (1993)   Cited 1,839 times   24 Legal Analyses
    Holding that relief under section 502 is limited to remedies traditionally available in equity, such as injunctions, mandamus, and restitution

  6. Pegram v. Herdrich

    530 U.S. 211 (2000)   Cited 1,350 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"

  7. In re Burlington Coat Factory

    114 F.3d 1410 (3d Cir. 1997)   Cited 7,647 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

  8. Merrill v. Dabit

    547 U.S. 71 (2006)   Cited 668 times   43 Legal Analyses
    Holding that state law class action securities fraud claims brought by “holders” of securities are, just like those of “purchasers” and “sellers,” preempted by the Securities Litigation Uniform Standards Act

  9. Blue Chip Stamps v. Manor Drug Stores

    421 U.S. 723 (1975)   Cited 2,070 times   26 Legal Analyses
    Holding that only purchasers and sellers of a security have a private right of action under Section 10(b) and Rule 10b–5

  10. Lum v. Bank of Am.

    361 F.3d 217 (3d Cir. 2004)   Cited 2,087 times   1 Legal Analyses
    Holding that "mak[ing] general claims that defendants misrepresented that the prime rate is the lowest rate charged to their most creditworthy customers" does not satisfy the Rule 9(b) standard because "they do not indicate the date, time, or place of the alleged misrepresentations, the financial transactions in connection with which these misrepresentations were made, or who made the misrepresentation to whom"

  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 345,805 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. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 156,162 times   193 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 38,918 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  14. Section 1002 - Definitions

    29 U.S.C. § 1002   Cited 11,038 times   60 Legal Analyses
    Holding that ERISA is a federal law that sets standards of protection for individuals in most voluntarily established, private-sector retirement plans

  15. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 7,464 times   48 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party

  16. Section 1104 - Fiduciary duties

    29 U.S.C. § 1104   Cited 4,826 times   72 Legal Analyses
    Specifying duties of a "fiduciary . . . with respect to a plan"

  17. Section 1102 - Establishment of plan

    29 U.S.C. § 1102   Cited 1,620 times   12 Legal Analyses
    Granting administrator, as “named fiduciary,” the “authority to control and manage the operation and administration of the plan”

  18. Section 1108 - Exemptions from prohibited transactions

    29 U.S.C. § 1108   Cited 510 times   3 Legal Analyses
    Granting the Department of Labor authority to grant exemptions from ERISA's prohibited-transaction provisions

  19. Section 2550.404a-1 - Investment duties

    29 C.F.R. § 2550.404a-1   Cited 18 times   2 Legal Analyses
    Noting that the duty of prudence is satisfied if the fiduciary “[h]as given appropriate consideration to those facts and circumstances that, given the scope of such fiduciary's investment duties, the fiduciary knows or should know are relevant to the particular investment ... and [h]as acted accordingly.”