27 Cited authorities

Lujan v. Defs. of Wildlife
504 U.S. 555 (1992) Cited 27,806 times 138 Legal Analyses
Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"
Warth v. Seldin
422 U.S. 490 (1975) Cited 11,855 times 14 Legal Analyses
Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"
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
Vermont Agency of Nat. Res. v. U.S. ex rel. Stevens
529 U.S. 765 (2000) Cited 1,597 times 31 Legal Analyses
Holding that States are not subject to private FCA actions
Sprint Communications Co. v. APCC Services, Inc.
554 U.S. 269 (2008) Cited 782 times 8 Legal Analyses
Holding that a federal cause of action that permitted payphone operators to seek compensation from long-distance carriers for certain calls was assignable
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"
Fallick v. Nationwide Mutual Insurance Company
162 F.3d 410 (6th Cir. 1998) Cited 421 times
Holding that, "once the district court correctly determined that Fallick had standing to bring suit under ERISA against Nationwide with respect to its application of reasonable and customary limitations to its determination of medical benefits - a methodology which, by Nationwide's own admission, it employs in all the benefits plans which Fallick wishes to include under the aegis of the proposed class - the court should then have analyzed whether Fallick satisfied the criteria of Rule 23 with respect to the absent class members"
Bouboulis v. Transport Workers Union
442 F.3d 55 (2d Cir. 2006) Cited 330 times 1 Legal Analyses
Holding that courts may find discretionary authority where it has been actually granted under a governing agreement "regardless of whether such authority is ever exercised"
Coyne Delany Co. v. Selman
98 F.3d 1457 (4th Cir. 1996) Cited 262 times
Holding that state malpractice claims against insurer for negligently failing to obtain replacement insurance plan was not preempted
Hastings v. Wilson
516 F.3d 1055 (8th Cir. 2008) Cited 137 times
Holding that ERISA claims are precluded if they are minor disputes
Section 1132 - Civil enforcement
29 U.S.C. § 1132 Cited 26,270 times 169 Legal Analyses
Holding liable "[a]ny administrator" who fails to provide documents in a timely manner
Section 1002 - Definitions
29 U.S.C. § 1002 Cited 11,035 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
Section 1104 - Fiduciary duties
29 U.S.C. § 1104 Cited 4,823 times 72 Legal Analyses
Specifying duties of a "fiduciary . . . with respect to a plan"
Section 1109 - Liability for breach of fiduciary duty
29 U.S.C. § 1109 Cited 2,489 times 9 Legal Analyses
Breaching fiduciary "shall be subject to such other equitable or remedial relief as the court may deem appropriate"
Section 1056 - Form and payment of benefits
29 U.S.C. § 1056 Cited 1,624 times 8 Legal Analyses
Defining "qualified domestic relations order"
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”
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
Section 1021 - Duty of disclosure and reporting
29 U.S.C. § 1021 Cited 646 times 3 Legal Analyses
Excepting from the definition of “blackout” a suspension of distributions which occur “by reason of the application of the securities laws”
Section 1025 - Reporting of participant's benefit rights
29 U.S.C. § 1025 Cited 136 times
Requiring that each plan participant who separates from service during the plan year receive a statement describing the nature and the amount and form of his or her deferred vested benefit
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"

McCaffree Financial Corp. v. Principal Life Insurance Company

27 Cited authorities

Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"

Holding that ERISA fiduciaries may have duties to disclose information about plan prospects that they have no duty, or even power, to change

Holding that States are not subject to private FCA actions

Holding that a federal cause of action that permitted payphone operators to seek compensation from long-distance carriers for certain calls was assignable

Holding fiduciary had duty to disclose "complete and accurate material information about the Plan funds and the process by which they were selected"

Holding that courts may find discretionary authority where it has been actually granted under a governing agreement "regardless of whether such authority is ever exercised"

Holding that state malpractice claims against insurer for negligently failing to obtain replacement insurance plan was not preempted

Holding that ERISA claims are precluded if they are minor disputes

Holding liable "[a]ny administrator" who fails to provide documents in a timely manner

Holding that ERISA is a federal law that sets standards of protection for individuals in most voluntarily established, private-sector retirement plans

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

Breaching fiduciary "shall be subject to such other equitable or remedial relief as the court may deem appropriate"

Defining "qualified domestic relations order"

Granting administrator, as “named fiduciary,” the “authority to control and manage the operation and administration of the plan”

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

Excepting from the definition of “blackout” a suspension of distributions which occur “by reason of the application of the securities laws”

Requiring that each plan participant who separates from service during the plan year receive a statement describing the nature and the amount and form of his or her deferred vested benefit

Recognizing limitations on directors' primary fiduciary liability " apart from co-fiduciary liability arising under circumstances described in section 405"