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Mogel et al v. UNUM Life Insurance Company of America

MEMORANDUM in Support 40 Motion to Certify Class.

39 Cited authorities

  1. Amchem Prods., Inc. v. Windsor

    521 U.S. 591 (1997)   Cited 6,952 times   69 Legal Analyses
    Holding that courts are "bound to enforce" Rule 23's certification requirements, even where it means decertifying a class after they had reached a settlement agreement and submitted it to the court for approval

  2. Gen. Tel. Co. of Sw. v. Falcon

    457 U.S. 147 (1982)   Cited 5,672 times   33 Legal Analyses
    Holding that named plaintiff must prove “much more than the validity of his own claim”; the individual plaintiff must show that “the individual's claim and the class claims will share common questions of law or fact and that the individual's claim will be typical of the class claims,” explicitly referencing the “commonality” and “typicality” requirements of Rule 23

  3. 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"

  4. Mertens v. Hewitt Assocs

    508 U.S. 248 (1993)   Cited 1,839 times   24 Legal Analyses
    Holding that relief under section 502 is limited to remedies traditionally available in equity, such as injunctions, mandamus, and restitution

  5. Eisen v. Carlisle Jacquelin

    417 U.S. 156 (1974)   Cited 3,762 times   22 Legal Analyses
    Holding that individual notice to class members identifiable through reasonable efforts is mandatory in (b) actions

  6. Massachusetts Mut. Life Ins. Co. v. Russell

    473 U.S. 134 (1985)   Cited 2,112 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. Sereboff v. Mid Atlantic Medical Services, Inc.

    547 U.S. 356 (2006)   Cited 611 times   28 Legal Analyses
    Holding portion of beneficiary's settlement constituted specifically identifiable funds subject to equitable lien

  8. Tull v. United States

    481 U.S. 412 (1987)   Cited 1,014 times   19 Legal Analyses
    Holding a party had a right to trial by jury in civil claims brought by the government

  9. Harris Tr. & Sav. Bank v. Salomon Smith Barney Inc.

    530 U.S. 238 (2000)   Cited 542 times   9 Legal Analyses
    Holding that the authorization under 29 U.S.C. § 1132 "extends to a suit against a nonfiduciary 'party in interest' to a transaction barred by [29 U.S.C. § 1106]"

  10. Baby Neal for and by Kanter v. Casey

    43 F.3d 48 (3d Cir. 1994)   Cited 911 times
    Holding that a class representative suffering one specific injury from the practice can represent a class suffering other injuries so long as all the injuries are shown to result from the practice

  11. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 34,923 times   1234 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

  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 1001 - Congressional findings and declaration of policy

    29 U.S.C. § 1001   Cited 20,520 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 11,038 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 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"

  16. 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"

  17. 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