39 Cited authorities

  1. Firestone Tire Rubber Co. v. Bruch

    489 U.S. 101 (1989)   Cited 8,838 times   54 Legal Analyses
    Holding that a denial of ERISA benefits "is to be reviewed under a de novo standard unless the benefit plan gives the administrator or fiduciary discretionary authority to determine eligibility for benefits or to construe the terms of the plan"
  2. Aetna Health Inc. v. Davila

    542 U.S. 200 (2004)   Cited 2,699 times   30 Legal Analyses
    Holding that states cannot create new causes of action that conflict with ERISA's " ‘interlocking, interrelated, and interdependent remedial scheme,’ " located in § 502 of ERISA
  3. Varity Corp. v. Howe

    516 U.S. 489 (1996)   Cited 2,380 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
  4. Great-West Life Annuity Ins. Co. v. Knudson

    534 U.S. 204 (2002)   Cited 1,685 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"
  5. Mertens v. Hewitt Assocs

    508 U.S. 248 (1993)   Cited 1,838 times   24 Legal Analyses
    Holding that relief under section 502 is limited to remedies traditionally available in equity, such as injunctions, mandamus, and restitution
  6. Massachusetts Mut. Life Ins. Co. v. Russell

    473 U.S. 134 (1985)   Cited 2,110 times   14 Legal Analyses
    Holding that a participant's action filed pursuant to ERISA § 502 must seek remedies that provide a "benefit [to] the plan as a whole"
  7. Van Dusen v. Barrack

    376 U.S. 612 (1964)   Cited 4,620 times   7 Legal Analyses
    Holding that a "change of venue under § 1404 generally should be, with respect to state law, but a change of courtrooms"
  8. Chrysler Credit Corp. v. Country Chrysler

    928 F.2d 1509 (10th Cir. 1991)   Cited 886 times
    Holding that claims may be properly severed under Fed. R. Civ. P. 21
  9. Basso v. Utah Power and Light Company

    495 F.2d 906 (10th Cir. 1974)   Cited 1,180 times
    Holding that " court lacking jurisdiction cannot render judgment but must dismiss the cause at any stage of the proceedings in which it becomes apparent that jurisdiction is lacking"
  10. Hybud Equipment Corp. v. Sphere Drake Insurance

    507 U.S. 987 (1993)   Cited 113 times
    Holding that it was objectively reasonable for an experience border patrol agent to conclude that the stop of a truck was supported by reasonable suspicion
  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 344,855 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 155,692 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Section 1404 - Change of venue

    28 U.S.C. § 1404   Cited 28,301 times   183 Legal Analyses
    Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR
  14. Section 1132 - Civil enforcement

    29 U.S.C. § 1132   Cited 26,253 times   169 Legal Analyses
    Holding liable "[a]ny administrator" who fails to provide documents in a timely manner
  15. Section 1002 - Definitions

    29 U.S.C. § 1002   Cited 11,028 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
  16. 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”