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Hamby v. Morgan Asset Management, Inc. et al

MEMORANDUM in Support re MOTION to Dismiss the Consolidated Amended Complaint

66 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,697 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' "

  2. Varity Corp. v. Howe

    516 U.S. 489 (1996)   Cited 2,383 times   32 Legal Analyses
    Holding that ERISA fiduciaries may have duties to disclose information about plan prospects that they have no duty, or even power, to change

  3. Mertens v. Hewitt Assocs

    508 U.S. 248 (1993)   Cited 1,840 times   24 Legal Analyses
    Holding that relief under section 502 is limited to remedies traditionally available in equity, such as injunctions, mandamus, and restitution

  4. Pegram v. Herdrich

    530 U.S. 211 (2000)   Cited 1,351 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"

  5. Assoc. of Cleveland v. Cleveland

    502 F.3d 545 (6th Cir. 2007)   Cited 1,569 times
    Holding that, in order to survive a motion to dismiss under Rule 12(b), a plaintiff's "factual allegations must be enough to raise a right to relief above the speculative level on the assumption that all the allegations in the complaint are true."

  6. Lockheed Corp. v. Spink

    517 U.S. 882 (1996)   Cited 565 times   7 Legal Analyses
    Holding that when plan administrators adopt, modify, or terminate pension benefit plans, they are not acting as fiduciaries

  7. Pfahler v. National Latex

    517 F.3d 816 (6th Cir. 2007)   Cited 1,350 times   1 Legal Analyses
    Holding issue of material fact existed on whether defendants acted in fiduciary capacity when misrepresentations were made

  8. Hecker v. Deere Co.

    556 F.3d 575 (7th Cir. 2009)   Cited 1,206 times   29 Legal Analyses
    Holding the use of revenue-sharing for plan expenses did not amount to an ERISA violation

  9. Weiner v. Klais and Co., Inc.

    108 F.3d 86 (6th Cir. 1997)   Cited 1,668 times
    Holding that a document incorporated by reference in a complaint can be introduced by a defendant if it is not attached by plaintiff

  10. Kowal v. MCI Communications Corp.

    16 F.3d 1271 (D.C. Cir. 1994)   Cited 1,801 times   1 Legal Analyses
    Holding that statements of optimism give rise to a strong inference of scienter if they lacked a reasonable basis when made

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,775 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 1001 - Congressional findings and declaration of policy

    29 U.S.C. § 1001   Cited 20,523 times   59 Legal Analyses
    Noting that ERISA was enacted “to protect ... employee benefit plans and their beneficiaries”

  13. Section 1002 - Definitions

    29 U.S.C. § 1002   Cited 11,042 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

  14. Section 1104 - Fiduciary duties

    29 U.S.C. § 1104   Cited 4,827 times   72 Legal Analyses
    Specifying duties of a "fiduciary . . . with respect to a plan"

  15. Section 1109 - Liability for breach of fiduciary duty

    29 U.S.C. § 1109   Cited 2,490 times   9 Legal Analyses
    Breaching fiduciary "shall be subject to such other equitable or remedial relief as the court may deem appropriate"

  16. 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”

  17. Section 1106 - Prohibited transactions

    29 U.S.C. § 1106   Cited 1,216 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

  18. Section 1101 - Coverage

    29 U.S.C. § 1101   Cited 845 times   6 Legal Analyses
    Applying subsections (b) and (b) "[f]or purposes of this part," that is, Part 4, which comprises §§ 1101-1114

  19. Section 1021 - Duty of disclosure and reporting

    29 U.S.C. § 1021   Cited 646 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”

  20. Section 1108 - Exemptions from prohibited transactions

    29 U.S.C. § 1108   Cited 511 times   3 Legal Analyses
    Granting the Department of Labor authority to grant exemptions from ERISA's prohibited-transaction provisions

  21. Section 2509.75-8 - Questions and answers relating to fiduciary responsibility under the Employee Retirement Income Security Act of 1974

    29 C.F.R. § 2509.75-8   Cited 514 times   9 Legal Analyses
    Recognizing limitations on directors' primary fiduciary liability " apart from co-fiduciary liability arising under circumstances described in section 405"

  22. Section 2550.404c-1 - ERISA section 404(c) plans

    29 C.F.R. § 2550.404c-1   Cited 86 times   6 Legal Analyses
    Specifying that "The standards set forth in this section are applicable solely for the purpose of determining whether a plan is an ERISA section 404(c) plan" and "are not intended" to determine other responsibilities under ERISA

  23. Section 2509.75-2 - Interpretive bulletin relating to prohibited transactions

    29 C.F.R. § 2509.75-2   Cited 14 times
    Concerning prohibited transactions