§Why CasetextPricing

Michael Grossman et al v. Directors Guild of America Inc et al

NOTICE OF MOTION AND MOTION to Dismiss Case

48 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. Papasan v. Allain

    478 U.S. 265 (1986)   Cited 16,677 times   6 Legal Analyses
    Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"

  5. Franchise Tax Bd. v. Laborers Vacation Trust

    463 U.S. 1 (1983)   Cited 10,438 times   5 Legal Analyses
    Holding that a case may not be removed to federal court on the basis of a preemption defense even where "both parties admit that the defense is the only question truly at issue in the case"

  6. Alexander v. Sandoval

    532 U.S. 275 (2001)   Cited 2,638 times   35 Legal Analyses
    Holding that it is "beyond dispute" that banning discrimination " ‘on the ground of race’ " "prohibits only intentional discrimination"

  7. Metro. Life Ins. Co. v. Taylor

    481 U.S. 58 (1987)   Cited 4,445 times   7 Legal Analyses
    Holding that § 1144 preempts state common law claims

  8. Pilot Life Ins. Co. v. Dedeaux

    481 U.S. 41 (1987)   Cited 3,704 times   11 Legal Analyses
    Holding that civil enforcement scheme codified at § 502 is not to be supplemented by state law remedies

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

    534 U.S. 204 (2002)   Cited 1,689 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"

  10. Shaw v. Delta Air Lines, Inc.

    463 U.S. 85 (1983)   Cited 3,511 times   18 Legal Analyses
    Holding that federal common law of ERISA preempts state law in the interpretation of ERISA benefit plans

  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 1132 - Civil enforcement

    29 U.S.C. § 1132   Cited 26,275 times   170 Legal Analyses
    Holding liable "[a]ny administrator" who fails to provide documents in a timely manner

  13. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 24,530 times   61 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment

  14. 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

  15. Section 1144 - Other laws

    29 U.S.C. § 1144   Cited 6,974 times   52 Legal Analyses
    Saving clause

  16. Section 18116 - Nondiscrimination

    42 U.S.C. § 18116   Cited 281 times   16 Legal Analyses
    Granting the HHS Secretary power to promulgate Section 1557's implementing regulations through notice and comment

  17. Section 300gg-22 - Enforcement

    42 U.S.C. § 300gg-22   Cited 66 times   2 Legal Analyses
    Authorizing the Secretary of HHS to exact penalties against non-compliant insurers in states where the state government does not enforce the health insurance requirements

  18. Section 300gg-5 - Non-discrimination in health care

    42 U.S.C. § 300gg-5   Cited 38 times

    (a) Providers A group health plan and a health insurance issuer offering group or individual health insurance coverage shall not discriminate with respect to participation under the plan or coverage against any health care provider who is acting within the scope of that provider's license or certification under applicable State law. This section shall not require that a group health plan or health insurance issuer contract with any health care provider willing to abide by the terms and conditions

  19. Section 1185d - Additional market reforms

    29 U.S.C. § 1185d   Cited 20 times   2 Legal Analyses
    Incorporating provisions of part A of title XXVII of the Public Health Service Act, as amended by the ACA

  20. Section 300gg-19 - Appeals process

    42 U.S.C. § 300gg-19   Cited 14 times   1 Legal Analyses
    Mandating that group health plans and insurance issuers offering group or individual health insurance coverage implement an external review process