29 Cited authorities

  1. Metro. Life Ins. Co. v. Taylor

    481 U.S. 58 (1987)   Cited 4,529 times   7 Legal Analyses
    Holding that § 1144 preempts state common law claims
  2. Shaw v. Delta Air Lines, Inc.

    463 U.S. 85 (1983)   Cited 3,545 times   18 Legal Analyses
    Holding that federal common law of ERISA preempts state law in the interpretation of ERISA benefit plans
  3. Fort Halifax Packing Co. v. Coyne

    482 U.S. 1 (1987)   Cited 1,225 times   17 Legal Analyses
    Holding that a Maine statute requiring employers to provide a one-time severance payment to plant employees in the event of plant closure did not establish, or require employers to maintain, an ERISA plan because "[t]he requirement of a one-time, lump-sum payment triggered by a single event requires no administrative scheme whatsoever to meet the employer's obligation"
  4. California Labor Stds. Enf. v. Dillingham Constr

    519 U.S. 316 (1997)   Cited 739 times   11 Legal Analyses
    Holding that ERISA did not pre-empt a California statute that incentivized, but did not require, plans to follow certain standards for apprenticeship programs
  5. Emrich v. Touche Ross Co.

    846 F.2d 1190 (9th Cir. 1988)   Cited 4,102 times
    Holding proceedings and determinations of the courts are a matter of public record suitable for judicial notice
  6. Guglielmino v. McKee Foods Corp.

    506 F.3d 696 (9th Cir. 2007)   Cited 795 times   9 Legal Analyses
    Holding that when a complaint "is unclear and does not specify 'a total amount in controversy,' the proper burden of proof . . . is proof by a preponderance of the evidence"
  7. Toumajian v. Frailey

    135 F.3d 648 (9th Cir. 1998)   Cited 320 times
    Holding that because state law claims were not completely preempted by ERISA, federal court lacked removal jurisdiction
  8. Harris v. Provident Life and Acc. Ins. Co.

    26 F.3d 930 (9th Cir. 1994)   Cited 271 times   1 Legal Analyses
    Holding that because the plaintiffs are not in one of the enumerated categories of parties entitled to seek relief under ERISA's civil enforcement provisions, their state claims are not completely preempted by ERISA
  9. Ansley v. Ameriquest Mortg. Co.

    340 F.3d 858 (9th Cir. 2003)   Cited 202 times
    Reviewing for abuse of discretion award of fees and costs associated with removal or remand under 28 U.S.C. § 1447(c)
  10. Blau v. Del Monte Corp.

    748 F.2d 1348 (9th Cir. 1984)   Cited 313 times
    Holding that although “there is no express statutory requirement to notify participants in a timely fashion of plan cancellation, such a requirement is implicit in the structure and purpose of ERISA, and is more vital than the ordinary technical reporting and disclosure requirements”
  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 361,353 times   960 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 163,831 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 1447 - Procedure after removal generally

    28 U.S.C. § 1447   Cited 34,272 times   110 Legal Analyses
    Holding that with exceptions not relevant here, "[a]n order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise"
  14. Section 1132 - Civil enforcement

    29 U.S.C. § 1132   Cited 26,751 times   175 Legal Analyses
    Holding liable "[a]ny administrator" who fails to provide documents in a timely manner
  15. Section 1144 - Other laws

    29 U.S.C. § 1144   Cited 7,044 times   53 Legal Analyses
    Saving clause
  16. Section 1102 - Establishment of plan

    29 U.S.C. § 1102   Cited 1,647 times   12 Legal Analyses
    Granting administrator, as “named fiduciary,” the “authority to control and manage the operation and administration of the plan”
  17. Section 1441 - Benefits under certain terminated plans

    29 U.S.C. § 1441   Cited 89 times
    Discussing benefits under terminated plans