29 Cited authorities

Christensen v. Harris County
529 U.S. 576 (2000) Cited 1,893 times 18 Legal Analyses
Holding that agency interpretations contained in "policy statements, agency manuals, and enforcement guidelines, all of which lack the force of law do not warrant Chevron-style deference"
Leadsinger, Inc. v. BMG Music Publishing
512 F.3d 522 (9th Cir. 2008) Cited 1,371 times 1 Legal Analyses
Holding that a court may deny leave to amend where amendment would be futile
Faber v. Metro. Life Ins. Co.
648 F.3d 98 (2d Cir. 2011) Cited 1,032 times 5 Legal Analyses
Holding the insurance company discharged its fiduciary duty when it established the retained asset account in accordance with the insurance policy
Curran v. Cousins
509 F.3d 36 (1st Cir. 2007) Cited 377 times
Holding that threats made by public employee against others were made "in the course of his duties within the Department" and therefore had no First Amendment protection
Plumbers' Union v. Nomura Asset Acceptance
632 F.3d 762 (1st Cir. 2011) Cited 162 times 4 Legal Analyses
Holding that investment ratings were opinions about the value and prospects of certificates, not statements of fact
Edmonson v. Lincoln Nat'l Life Ins. Co.
725 F.3d 406 (3d Cir. 2013) Cited 129 times 8 Legal Analyses
Holding that an injury-in-fact exists by virtue of a defendant's "use of assets that belonged to" the plaintiff
Securities & Exchange Commission v. Pentagon Capital Management PLC
725 F.3d 279 (2d Cir. 2013) Cited 108 times 5 Legal Analyses
Holding that a civil penalty may not be imposed jointly and severally
In re Luna
406 F.3d 1192 (10th Cir. 2005) Cited 136 times 4 Legal Analyses
Holding that an employer’s duty to make plan contributions pursuant to collective bargaining agreement was ministerial
Silva v. Encyclopedia Britannica Inc.
239 F.3d 385 (1st Cir. 2001) Cited 153 times
Holding that the movant timely filed "its motion to dismiss before the completion of discovery"
Wilson v. HSBC Mortgage Services Inc.
744 F.3d 1 (1st Cir. 2014) Cited 105 times
Holding that the court may consider on a motion to dismiss “information found in the mortgage itself, public records, documents incorporated into the complaint by reference, and other matters susceptible to judicial notice”
Section 1104 - Fiduciary duties
29 U.S.C. § 1104 Cited 4,829 times 72 Legal Analyses
Specifying duties of a "fiduciary . . . with respect to a plan"
Section 401 - Qualified pension, profit-sharing, and stock bonus plans
26 U.S.C. § 401 Cited 1,973 times 126 Legal Analyses
Authorizing defined contribution plans for the benefit of employees
Section 1103 - Establishment of trust
29 U.S.C. § 1103 Cited 882 times 9 Legal Analyses
Providing that “all assets of an employee benefit plan shall be held in trust by one or more trustees”
Section 2510.3-102 - Definition of "plan assets"-participant contributions
29 C.F.R. § 2510.3-102 Cited 186 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 "
Section 270.22c-1 - Pricing of redeemable securities for distribution, redemption and repurchase
17 C.F.R. § 270.22c-1 Cited 32 times
(a) No registered investment company issuing any redeemable security, no person designated in such issuer's prospectus as authorized to consummate transactions in any such security, and no principal underwriter of, or dealer in, any such security shall sell, redeem, or repurchase any such security except at a price based on the current net asset value of such security which is next computed after receipt of a tender of such security for redemption or of an order to purchase or sell such security:

Kelley et al v. Fidelity Management and Trust Company et al

29 Cited authorities

Holding that agency interpretations contained in "policy statements, agency manuals, and enforcement guidelines, all of which lack the force of law do not warrant Chevron-style deference"

Holding that a court may deny leave to amend where amendment would be futile

Holding the insurance company discharged its fiduciary duty when it established the retained asset account in accordance with the insurance policy

Holding that threats made by public employee against others were made "in the course of his duties within the Department" and therefore had no First Amendment protection

Holding that investment ratings were opinions about the value and prospects of certificates, not statements of fact

Holding that an injury-in-fact exists by virtue of a defendant's "use of assets that belonged to" the plaintiff

Holding that a civil penalty may not be imposed jointly and severally

Holding that an employer’s duty to make plan contributions pursuant to collective bargaining agreement was ministerial

Holding that the movant timely filed "its motion to dismiss before the completion of discovery"

Holding that the court may consider on a motion to dismiss “information found in the mortgage itself, public records, documents incorporated into the complaint by reference, and other matters susceptible to judicial notice”

Specifying duties of a "fiduciary . . . with respect to a plan"

Authorizing defined contribution plans for the benefit of employees

Providing that “all assets of an employee benefit plan shall be held in trust by one or more trustees”

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 "