35 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 255,203 times 280 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
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 268,949 times 367 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' "
Firestone Tire Rubber Co. v. Bruch
489 U.S. 101 (1989) Cited 8,852 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"
Gen. Tel. Co. of Sw. v. Falcon
457 U.S. 147 (1982) Cited 5,700 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
In re Katrina Canal
495 F.3d 191 (5th Cir. 2007) Cited 4,602 times 6 Legal Analyses
Holding that flood exclusion provisions in State Farm policy covered damage caused by flooding due to breached levees
Chandris, Inc. v. Latsis
515 U.S. 347 (1995) Cited 682 times 7 Legal Analyses
Holding that the Jones Act and the LHWCA are "mutually exclusive compensation regimes"
Norris v. Hearst Trust
500 F.3d 454 (5th Cir. 2007) Cited 955 times 1 Legal Analyses
Holding plaintiffs lacked standing because they were "neither consumers nor competitors in the market attempted to be constrained"
Unger v. Amedisys Inc.
401 F.3d 316 (5th Cir. 2005) Cited 253 times 7 Legal Analyses
Holding that "findings [at the class certification stage] must be made based on adequate admissible evidence to justify class certification"
Sanders v. Apple Inc.
672 F. Supp. 2d 978 (N.D. Cal. 2009) Cited 173 times 1 Legal Analyses
Granting motion to strike with leave to amend to define a narrower class
John v. Nat'l Sec. Fire & Cas. Co.
501 F.3d 443 (5th Cir. 2007) Cited 173 times 5 Legal Analyses
Holding that "[t]he existence of an ascertainable class of persons to be represented by the proposed class representative is an implied prerequisite of the Federal Rule of Civil Procedure 23."
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 348,503 times 930 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 35,144 times 1237 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"
Section 1132 - Civil enforcement
29 U.S.C. § 1132 Cited 26,365 times 171 Legal Analyses
Holding liable "[a]ny administrator" who fails to provide documents in a timely manner
Section 1746 - Unsworn declarations under penalty of perjury
28 U.S.C. § 1746 Cited 10,101 times 17 Legal Analyses
Permitting the use of declarations instead
Section 51 - Liability of common carriers by railroad, in interstate or foreign commerce, for injuries to employees from negligence; employee defined
45 U.S.C. § 51 Cited 7,579 times 17 Legal Analyses
Denying recovery to an inferior class of beneficiaries [dependent siblings] where a preferred class [parents] exists
Section 30104 - Personal injury to or death of seamen
46 U.S.C. § 30104 Cited 997 times 12 Legal Analyses
Granting injured seamen a right to a jury trial in Jones Act cases

Norman, et al v. Life Insurance Company of North America

35 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

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' "

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"

Holding that flood exclusion provisions in State Farm policy covered damage caused by flooding due to breached levees

Holding that the Jones Act and the LHWCA are "mutually exclusive compensation regimes"

Holding plaintiffs lacked standing because they were "neither consumers nor competitors in the market attempted to be constrained"

Holding that "findings [at the class certification stage] must be made based on adequate admissible evidence to justify class certification"

Granting motion to strike with leave to amend to define a narrower class

Holding that "[t]he existence of an ascertainable class of persons to be represented by the proposed class representative is an implied prerequisite of the Federal Rule of Civil Procedure 23."

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

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"

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

Permitting the use of declarations instead

Denying recovery to an inferior class of beneficiaries [dependent siblings] where a preferred class [parents] exists

Granting injured seamen a right to a jury trial in Jones Act cases