68 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 240,955 times   39 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
  2. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 220,394 times   41 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
  3. Varity Corp. v. Howe

    516 U.S. 489 (1996)   Cited 2,415 times   33 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
  4. Hardt v. Reliance Standard Life Ins. Co.

    560 U.S. 242 (2010)   Cited 1,357 times   30 Legal Analyses
    Holding a party need not "prevail[]" to obtain a fee award under § 1132(g); instead, a court has discretion to grant such an award as long as the party "has achieved some degree of success on the merits"
  5. Cigna Corp. v. Amara

    563 U.S. 421 (2011)   Cited 1,127 times   101 Legal Analyses
    Holding that SPDs provide "communication with beneficiaries about the plan, but . . . do not themselves constitute the terms of the plan for purposes of § 502(B)"
  6. Mertens v. Hewitt Assocs

    508 U.S. 248 (1993)   Cited 1,867 times   24 Legal Analyses
    Holding that relief under section 502 is limited to remedies traditionally available in equity, such as injunctions, mandamus, and restitution
  7. Harris Tr. & Sav. Bank v. Salomon Smith Barney Inc.

    530 U.S. 238 (2000)   Cited 551 times   9 Legal Analyses
    Holding that the authorization under 29 U.S.C. § 1132 "extends to a suit against a nonfiduciary 'party in interest' to a transaction barred by [29 U.S.C. § 1106]"
  8. Hecker v. Deere Co.

    556 F.3d 575 (7th Cir. 2009)   Cited 1,223 times   29 Legal Analyses
    Holding the use of revenue-sharing for plan expenses did not amount to an ERISA violation
  9. Johnson v. Couturier

    572 F.3d 1067 (9th Cir. 2009)   Cited 509 times   3 Legal Analyses
    Holding that the district court did not abuse its discretion by considering "unverified client complaints" and counsel's declaration
  10. Hummell v. S.E. Rykoff Co.

    634 F.2d 446 (9th Cir. 1980)   Cited 459 times   3 Legal Analyses
    Holding that a court should consider the following factors when exercising its discretion to award fees and costs in an ERISA action: " the degree of the opposing parties' culpability or bad faith; the ability of the opposing parties to satisfy an award of fees; whether an award of fees against the opposing parties would deter others from acting under similar circumstances; whether the parties requesting fees sought to benefit all participants and beneficiaries of an ERISA plan or to resolve a significant legal question regarding ERISA; and the relative merits of the parties' positions"
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 335,754 times   160 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,588 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Section 1002 - Definitions

    29 U.S.C. § 1002   Cited 11,202 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 4,923 times   73 Legal Analyses
    Specifying duties of a "fiduciary . . . with respect to a plan"
  15. Section 1102 - Establishment of plan

    29 U.S.C. § 1102   Cited 1,645 times   12 Legal Analyses
    Granting administrator, as “named fiduciary,” the “authority to control and manage the operation and administration of the plan”
  16. Section 1106 - Prohibited transactions

    29 U.S.C. § 1106   Cited 1,235 times   12 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
  17. Section 1105 - Liability for breach of co-fiduciary

    29 U.S.C. § 1105   Cited 940 times   5 Legal Analyses
    Providing that a plan administrator may delegate fiduciary responsibilities if permitted by the ERISA plan
  18. Section 1101 - Coverage

    29 U.S.C. § 1101   Cited 857 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 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 522 times   9 Legal Analyses
    Recognizing limitations on directors' primary fiduciary liability " apart from co-fiduciary liability arising under circumstances described in section 405"
  20. Section 2510.3-102 - Definition of "plan assets"-participant contributions

    29 C.F.R. § 2510.3-102   Cited 188 times   3 Legal Analyses
    Defining "assets of the plan" to include amounts "that a participant or beneficiary pays to an employer ... [or] that a participant has withheld from his wages by an employer "
  21. Section 2550.408b-2 - General statutory exemption for services or office space

    29 C.F.R. § 2550.408b-2   Cited 66 times   6 Legal Analyses
    Defining "direct compensation"
  22. Section 2510.3-101 - Definition of "plan assets"-plan investments

    29 C.F.R. § 2510.3-101   Cited 66 times   16 Legal Analyses
    Providing that the underlying assets of an “operating company” in which a plan invests are not considered plan assets for determining whether a prohibited transaction occurred
  23. Section 2580.412-5 - Determining when "funds or other property" belong to a plan

    29 C.F.R. § 2580.412-5   Cited 3 times

    With respect to any contribution to a plan from any source, including employers, employees or employee organizations, the point at which any given item or amount becomes "funds or other property" of a plan for purposes of the bonding provisions shall be determined as described in this section. (a) Where the plan administrator is a board of trustees, person or body other than the employer or employee organization establishing the plan, a contribution to the plan from any source shall become "funds