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Peacock Medical Lab, LLC et al v. United Health Group, Inc. et al

MOTION to Dismiss 1 Complaint, , MOTION TO DISMISS 1 Complaint, FOR FAILURE TO STATE A CLAIM

41 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,477 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 276,716 times   369 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. Swierkiewicz v. Sorema N.A.

    534 U.S. 506 (2002)   Cited 17,232 times   20 Legal Analyses
    Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"

  4. Davis v. Coca-Cola Bottling

    516 F.3d 955 (11th Cir. 2008)   Cited 970 times   2 Legal Analyses
    Holding that hiring decisions were "discrete acts of discrimination" that could not go forward under the continuing-violation doctrine

  5. Cotton v. Massachusetts Mut. Life Ins. Co.

    402 F.3d 1267 (11th Cir. 2005)   Cited 438 times
    Holding insurer's allocation of premium payments, analysis of policy performance, and communications with participants constituted "ministerial policy-related services" that did not "render [the insurer] a fiduciary"

  6. Spinedex Physical Therapy USA Inc. v. United Healthcare of Ariz., Inc.

    770 F.3d 1282 (9th Cir. 2014)   Cited 168 times   3 Legal Analyses
    Holding that a valid assignment of rights allows a third party to bring the beneficiary's claim

  7. Garren v. John Hancock Mutual Life Ins. Co.

    114 F.3d 186 (11th Cir. 1997)   Cited 208 times
    Holding that under section 514, a state law claim is subject to "ERISA preemption whenever the alleged conduct at issue is intertwined with the refusal to pay benefits"

  8. Perrino v. Southern Bell Tel. Tel. Co.

    209 F.3d 1309 (11th Cir. 2000)   Cited 144 times
    Holding "therefore, if a reasonable administrative scheme is available to a plaintiff and offers the potential for an adequate legal remedy, then a plaintiff must first exhaust the administrative scheme before filing a federal suit."

  9. W.R. Townsend Contracting, Inc. v. Jensen Civil Construction, Inc.

    728 So. 2d 297 (Fla. Dist. Ct. App. 1999)   Cited 137 times   2 Legal Analyses
    Reversing order dismissing promissory estoppel claim and remanding with instructions for a jury trial

  10. Springer v. Wal-Mart Assoc. Group Health Plan

    908 F.2d 897 (11th Cir. 1990)   Cited 159 times   1 Legal Analyses
    Holding that showing of futility was insufficient where the Plaintiff failed to pursue administrative review following the administrator's denial of her claim

  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 357,835 times   950 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 162,084 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 26,672 times   174 Legal Analyses
    Holding liable "[a]ny administrator" who fails to provide documents in a timely manner

  14. Section 1002 - Definitions

    29 U.S.C. § 1002   Cited 11,190 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 1024 - Filing with Secretary and furnishing information to participants and certain employers

    29 U.S.C. § 1024   Cited 1,333 times   8 Legal Analyses
    Striking "plan description"

  16. Section 627.6131 - [Effective 1/1/2025] Payment of claims

    Fla. Stat. § 627.6131   Cited 10 times

    (1) The contract shall include the following provision: "Time of Payment of Claims: After receiving written proof of loss, the insurer will pay monthly all benefits then due for (type of benefit) . Benefits for any other loss covered by this policy will be paid as soon as the insurer receives proper written proof." (2) As used in this section, the term "claim" for a noninstitutional provider means a paper or electronic billing instrument submitted to the insurer's designated location that consists