§Why CasetextPricing

Hays v. Constellation Energy Group, Inc., et al

MEMORANDUM Signed

24 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,860 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 265,830 times   364 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 9,091 times   104 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  4. Francis v. Giacomelli

    588 F.3d 186 (4th Cir. 2009)   Cited 3,895 times
    Holding that the defendant was entitled to qualified immunity since "his actions were not clearly unlawful when performed"

  5. Edwards v. City of Goldsboro

    178 F.3d 231 (4th Cir. 1999)   Cited 6,540 times   2 Legal Analyses
    Holding that First Amendment rights of an off-duty officer communicating about concealed weapons were sufficiently established by precedent regarding off-duty officer's entertainment performances

  6. Presley v. City of Charlottesvile

    464 F.3d 480 (4th Cir. 2006)   Cited 1,977 times
    Holding that a pre-deprivation opportunity to be heard is typically required, unless there is a need for quick action by the State or pre-deprivation proceedings are impractical

  7. Rombach v. Chang

    355 F.3d 164 (2d Cir. 2004)   Cited 1,383 times   5 Legal Analyses
    Holding that complaint may establish scienter through facts showing that defendants "had both motive and opportunity to commit fraud"

  8. Ibarra v. U.S.

    120 F.3d 472 (4th Cir. 1997)   Cited 1,570 times
    Holding that "once the Government initiates forfeiture proceedings, the district court is divested of jurisdiction . . . remains without jurisdiction during the pendency of the proceeding unless the claimant timely files a claim"

  9. Southland Securities v. Inspire Ins. Solutions

    365 F.3d 353 (5th Cir. 2004)   Cited 1,143 times   8 Legal Analyses
    Holding that when determining whether a statement made by a corporation was made with scienter it is “appropriate to look to the state of mind of the individual corporate official or officials who make or issue the statement ... rather than generally to the collective knowledge of all the corporation's officers and employees”

  10. Pugh v. Tribune

    521 F.3d 686 (7th Cir. 2008)   Cited 533 times   4 Legal Analyses
    Holding that Stoneridge precluded primary liability for an insider at Tribune

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 155,729 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Section 1002 - Definitions

    29 U.S.C. § 1002   Cited 11,029 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

  13. Section 1104 - Fiduciary duties

    29 U.S.C. § 1104   Cited 4,822 times   72 Legal Analyses
    Specifying duties of a "fiduciary . . . with respect to a plan"

  14. Section 1102 - Establishment of plan

    29 U.S.C. § 1102   Cited 1,619 times   12 Legal Analyses
    Granting administrator, as “named fiduciary,” the “authority to control and manage the operation and administration of the plan”