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Patrico v. Voya Financial, Inc. et al

MEMORANDUM OF LAW in Support re: 31 MOTION to Dismiss the Class Action Complaint

35 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 261,228 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 274,597 times   368 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Steel Co. v. Citizens for Better Env't

    523 U.S. 83 (1998)   Cited 11,065 times   15 Legal Analyses
    Holding this court may raise the issue of "statutory jurisdiction" sua sponte

  4. Dura Pharmaceuticals v. Broudo

    544 U.S. 336 (2005)   Cited 3,599 times   67 Legal Analyses
    Holding that the securities statutes have a private of action “not to provide investors with broad insurance against market losses, but to protect them against those economic losses that misrepresentations actually cause”

  5. Pegram v. Herdrich

    530 U.S. 211 (2000)   Cited 1,371 times   11 Legal Analyses
    Holding that there was "jurisdiction regardless of the correctness of the removal" because the "amended complaint alleged ERISA violations, over which the federal courts have jurisdiction"

  6. DiFolco v. MSNBC Cable L.L.C.

    622 F.3d 104 (2d Cir. 2010)   Cited 2,472 times
    Holding that "[i]n considering a motion to dismiss for failure to state a claim pursuant to Rule 12(b), a district court may consider . . . documents incorporated by reference in the complaint" and any document "where the complaint relies heavily upon its terms and effect, thereby rendering the document integral to the complaint"

  7. Lockheed Corp. v. Spink

    517 U.S. 882 (1996)   Cited 576 times   7 Legal Analyses
    Holding that when plan administrators adopt, modify, or terminate pension benefit plans, they are not acting as fiduciaries

  8. Hecker v. Deere Co.

    556 F.3d 575 (7th Cir. 2009)   Cited 1,221 times   29 Legal Analyses
    Holding the use of revenue-sharing for plan expenses did not amount to an ERISA violation

  9. Faber v. Metro. Life Ins. Co.

    648 F.3d 98 (2d Cir. 2011)   Cited 1,088 times   5 Legal Analyses
    Holding the insurance company discharged its fiduciary duty when it established the retained asset account in accordance with the insurance policy

  10. Pension Benefit Guar. Corp. v. Morgan Stanley Inv. Mgmt. Inc.

    712 F.3d 705 (2d Cir. 2013)   Cited 658 times   4 Legal Analyses
    Holding that although failure to diversify may give rise to a claim for breach of fiduciary duty, plaintiff failed to state a claim on the facts alleged

  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 355,433 times   943 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 160,848 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 1132 - Civil enforcement

    29 U.S.C. § 1132   Cited 26,594 times   174 Legal Analyses
    Holding liable "[a]ny administrator" who fails to provide documents in a timely manner

  14. Section 1001 - Congressional findings and declaration of policy

    29 U.S.C. § 1001   Cited 20,680 times   59 Legal Analyses
    Noting that ERISA was enacted “to protect ... employee benefit plans and their beneficiaries”

  15. Section 1002 - Definitions

    29 U.S.C. § 1002   Cited 11,159 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 1109 - Liability for breach of fiduciary duty

    29 U.S.C. § 1109   Cited 2,526 times   10 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 1,228 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

  18. Section 1108 - Exemptions from prohibited transactions

    29 U.S.C. § 1108   Cited 516 times   3 Legal Analyses
    Granting the Department of Labor authority to grant exemptions from ERISA's prohibited-transaction provisions

  19. Section 2550.404a-5 - Fiduciary requirements for disclosure in participant-directed individual account plans

    29 C.F.R. § 2550.404a-5   Cited 23 times   16 Legal Analyses
    Noting that fiduciaries have a duty to "monitor ... designated investment alternatives offered under the plan"