§Why CasetextPricing

Pearson v. Prudential Insurance Company of America, Inc.

BRIEF in Support of Motion

16 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 268,084 times   281 Legal Analyses
    Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 281,031 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. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,589 times   105 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  4. Alexander v. Sandoval

    532 U.S. 275 (2001)   Cited 2,757 times   35 Legal Analyses
    Holding that it is "beyond dispute" that banning discrimination " ‘on the ground of race’ " "prohibits only intentional discrimination"

  5. Karahalios v. Federal Employees

    489 U.S. 527 (1989)   Cited 258 times
    Holding that no private right of action exists under the CSRA for breach of a federal employee's right to fair representation by a union

  6. 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 362,910 times   962 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  7. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 164,593 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  8. Section 101 - Definitions

    38 U.S.C. § 101   Cited 263 times   3 Legal Analyses
    Restricting "veteran" status to person "discharged or released ... under conditions other than dishonorable"

  9. Section 1965 - Definitions

    38 U.S.C. § 1965   Cited 80 times

    For the purpose of this subchapter- (1) The term "active duty" means- (A) full-time duty in the Armed Forces, other than active duty for training; (B) full-time duty (other than for training purposes) as a commissioned officer of the Regular or Reserve Corps1 of the Public Health Service; (C) full-time duty as a commissioned officer of the National Oceanic and Atmospheric Administration; and (D) full-time duty as a cadet or midshipman at the United States Military Academy, United States Naval Academy

  10. Section 1970 - Beneficiaries; payment of insurance

    38 U.S.C. § 1970   Cited 69 times
    Listing as the first in the order of preference "the beneficiary or beneficiaries as the member or former member may have designated by a writing received prior to death . . . in the administrative office"

  11. Section 1975 - Jurisdiction of District Courts

    38 U.S.C. § 1975   Cited 49 times
    Granting any district court of the United States with original jurisdiction over TSGLI claims

  12. Section 1980A - Traumatic injury protection

    38 U.S.C. § 1980A   Cited 27 times
    Setting forth process for TSGLI benefits claims

  13. Section 1967 - Persons insured; amount

    38 U.S.C. § 1967   Cited 18 times

    (a) (1) Subject to an election under paragraph (2), any policy of insurance purchased by the Secretary under section 1966 of this title shall automatically insure the following persons against death: (A) In the case of any member of a uniformed service on active duty (other than active duty for training)- (i) the member; and (ii) each insurable dependent of the member (other than a dependent who is also a member of a uniformed service and, because of such membership, is automatically insured under

  14. Section 1966 - Eligible insurance companies

    38 U.S.C. § 1966   Cited 12 times

    (a) The Secretary is authorized, without regard to section 6101(b) to (d) of title 41, to purchase from one or more life insurance companies a policy or policies of group life insurance to provide the benefits specified in this subchapter. Each such life insurance company must (1) be licensed to issue life insurance in each of the fifty States of the United States and in the District of Columbia, and (2) as of the most recent December 31 for which information is available to the Secretary, have in

  15. Section 1980 - Option to receive accelerated death benefit

    38 U.S.C. § 1980

    (a) For the purpose of this section, a person shall be considered to be terminally ill if the person has a medical prognosis such that the life expectancy of the person is less than a period prescribed by the Secretary. The maximum length of such period may not exceed 12 months. (b) (1) A terminally ill person insured under Servicemembers' Group Life Insurance or Veterans' Group Life Insurance may elect to receive in a lump-sum payment a portion of the face value of the insurance as an accelerated

  16. Section 9.13 - Actions on the policy

    38 C.F.R. § 9.13   Cited 11 times

    The Assistant Director for Insurance will furnish the name and address of the insuring company upon written request of a member of the uniformed services or his or her beneficiary. Actions at law or in equity to recover on the policy, in which there is not alleged any breach of any obligation undertaken by the United States, should be brought against the insurer. 38 C.F.R. §9.13 40 FR 4135, Jan. 28, 1975. Redesignated and amended at 61 FR 20135, 20136, May 6, 1996