§Why CasetextPricing

Mark Burgess et al v. HP Inc. et al

MOTION to Dismiss Notice of Motion and Motion to Dismiss First Amended Complaint; Memorandum of Points and Authorities in Support Thereof

25 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,626 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 266,542 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 9,121 times   104 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  4. U.S. Airways, Inc. v. McCutchen

    569 U.S. 88 (2013)   Cited 340 times   32 Legal Analyses
    Holding equitable principles cannot override clear plan terms

  5. Bancorp v. Dudenhoeffer

    573 U.S. 409 (2014)   Cited 303 times   61 Legal Analyses
    Holding that a motion to dismiss in an ERISA case "requires careful judicial consideration of whether the complaint states a claim that the defendant has acted imprudently" and declining to adopt a defendant-friendly presumption

  6. Faber v. Metro. Life Ins. Co.

    648 F.3d 98 (2d Cir. 2011)   Cited 1,031 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

  7. Wright v. Oregon Metallurgical Corp.

    360 F.3d 1090 (9th Cir. 2004)   Cited 158 times   5 Legal Analyses
    Holding that “ERISA imposes three general duties on pension plan fiduciaries”: to “discharge their duties with ‘prudence’ ”; to “diversify investments to ‘minimize the risk of large losses' ”; and to “act ‘solely in the interest of the participants' and for the ‘exclusive purpose’ of providing benefits to those participants.” (quoting 29 U.S.C. § 1104(a) )

  8. 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

  9. Tussey v. Abb, Inc.

    746 F.3d 327 (8th Cir. 2014)   Cited 95 times   9 Legal Analyses
    Holding district court did not err by finding plan fiduciaries breached their duty by failing to investigate and monitor plan recordkeeping costs

  10. Merrimon v. Unum Life Ins. Co. of Am.

    758 F.3d 46 (1st Cir. 2014)   Cited 66 times   6 Legal Analyses
    Holding that a life insurance policy itself, not the death benefit paid in accordance with the policy, is a plan asset, even when the money is kept in the insurance company’s general fund

  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 345,805 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 1002 - Definitions

    29 U.S.C. § 1002   Cited 11,038 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 4,826 times   72 Legal Analyses
    Specifying duties of a "fiduciary . . . with respect to a plan"

  14. Section 1106 - Prohibited transactions

    29 U.S.C. § 1106   Cited 1,215 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

  15. 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

  16. 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: