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Krueger et al v. Ameriprise Financial, Inc. et al

MEMORANDUM in Support re Amended MOTION to Dismiss/General for Failure to State a Claim

47 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,377 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 266,313 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 9,114 times   104 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  4. Varity Corp. v. Howe

    516 U.S. 489 (1996)   Cited 2,382 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

  5. Great-West Life Annuity Ins. Co. v. Knudson

    534 U.S. 204 (2002)   Cited 1,687 times   37 Legal Analyses
    Holding an injunction ordering money funds to be legal relief because it sought to "impo[se] personal liability for the benefits that they conferred upon respondents"

  6. Conkright v. Frommert

    559 U.S. 506 (2010)   Cited 524 times   18 Legal Analyses
    Holding that when an insurer is given the power to construe the terms, as it was here, its "interpretation will not be disturbed if reasonable."

  7. Braden v. Wal-Mart Stores

    588 F.3d 585 (8th Cir. 2009)   Cited 1,856 times   6 Legal Analyses
    Holding fiduciary had duty to disclose "complete and accurate material information about the Plan funds and the process by which they were selected"

  8. LaRue v. Dewolff

    552 U.S. 248 (2008)   Cited 436 times   18 Legal Analyses
    Holding that § 1132 "does not provide a remedy for individual injuries distinct from plan injuries"

  9. Lockheed Corp. v. Spink

    517 U.S. 882 (1996)   Cited 564 times   7 Legal Analyses
    Holding that when plan administrators adopt, modify, or terminate pension benefit plans, they are not acting as fiduciaries

  10. 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

  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 345,529 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. Section 1132 - Civil enforcement

    29 U.S.C. § 1132   Cited 26,271 times   169 Legal Analyses
    Holding liable "[a]ny administrator" who fails to provide documents in a timely manner

  13. Section 1001 - Congressional findings and declaration of policy

    29 U.S.C. § 1001   Cited 20,517 times   59 Legal Analyses
    Noting that ERISA was enacted “to protect ... employee benefit plans and their beneficiaries”

  14. Section 1002 - Definitions

    29 U.S.C. § 1002   Cited 11,036 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 1104 - Fiduciary duties

    29 U.S.C. § 1104   Cited 4,824 times   72 Legal Analyses
    Specifying duties of a "fiduciary . . . with respect to a plan"

  16. Section 401 - Qualified pension, profit-sharing, and stock bonus plans

    26 U.S.C. § 401   Cited 1,972 times   126 Legal Analyses
    Authorizing defined contribution plans for the benefit of employees

  17. Section 1106 - Prohibited transactions

    29 U.S.C. § 1106   Cited 1,213 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 1108 - Exemptions from prohibited transactions

    29 U.S.C. § 1108   Cited 509 times   3 Legal Analyses
    Granting the Department of Labor authority to grant exemptions from ERISA's prohibited-transaction provisions

  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 513 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 270.12b-1 - Distribution of shares by registered open-end management investment company

    17 C.F.R. § 270.12b-1   Cited 37 times   2 Legal Analyses

    (a) (1) Except as provided in this section, it shall be unlawful for any registered open-end management investment company (other than a company complying with the provisions of section 10(d) of the Act (15 U.S.C. 80a-10(d) ) ) to act as a distributor of securities of which it is the issuer, except through an underwriter; (2) For purposes of this section, such a company will be deemed to be acting as a distributor of securities of which it is the issuer, other than through an underwriter, if it engages