§Why CasetextPricing

Pledger et al v. Reliance Trust Company et al

RESPONSE in Opposition re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

56 Cited authorities

  1. Firestone Tire Rubber Co. v. Bruch

    489 U.S. 101 (1989)   Cited 8,838 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"

  2. Varity Corp. v. Howe

    516 U.S. 489 (1996)   Cited 2,383 times   32 Legal Analyses
    Holding that ERISA fiduciaries may have duties to disclose information about plan prospects that they have no duty, or even power, to change

  3. Braden v. Wal-Mart Stores

    588 F.3d 585 (8th Cir. 2009)   Cited 1,860 times   6 Legal Analyses
    Holding fiduciary had duty to disclose "complete and accurate material information about the Plan funds and the process by which they were selected"

  4. Harris Tr. & Sav. Bank v. Salomon Smith Barney Inc.

    530 U.S. 238 (2000)   Cited 542 times   9 Legal Analyses
    Holding that the authorization under 29 U.S.C. § 1132 "extends to a suit against a nonfiduciary 'party in interest' to a transaction barred by [29 U.S.C. § 1106]"

  5. Chaparro v. Carnival Corp.

    693 F.3d 1333 (11th Cir. 2012)   Cited 1,168 times   2 Legal Analyses
    Holding the same when the plaintiffs were "trapped in bus during shooting near [the beach]" where their daughter was shot to death

  6. Bancorp v. Dudenhoeffer

    573 U.S. 409 (2014)   Cited 303 times   61 Legal Analyses
    Holding that a motion to dismiss in an ERISA case "requires careful judicial consideration of whether the complaint states a claim that the defendant has acted imprudently" and declining to adopt a defendant-friendly presumption

  7. Hecker v. Deere Co.

    556 F.3d 575 (7th Cir. 2009)   Cited 1,206 times   29 Legal Analyses
    Holding the use of revenue-sharing for plan expenses did not amount to an ERISA violation

  8. Jacobs v. Tempur-Pedic Intern

    626 F.3d 1327 (11th Cir. 2010)   Cited 373 times
    Holding an allegation insufficient that stated plaintiff's resale price fixing agreements "have unreasonably restrained, do unreasonably restrain, and will continue to unreasonably restrain trade and commerce in the visco-elastic mattress market ... by eliminating price competition" (omission in original)

  9. Silva v. Metro. Life Ins. Co.

    762 F.3d 711 (8th Cir. 2014)   Cited 227 times   4 Legal Analyses
    Holding that ERISA plaintiff could plead alternative theories of liability

  10. Palm Beach Golf Center-Boca, Inc. v. Sarris

    781 F.3d 1245 (11th Cir. 2015)   Cited 222 times   11 Legal Analyses
    Holding federal pleading rules do not "require that a theory of vicarious liability be specifically pled in the complaint"

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 156,162 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Section 1132 - Civil enforcement

    29 U.S.C. § 1132   Cited 26,275 times   170 Legal Analyses
    Holding liable "[a]ny administrator" who fails to provide documents in a timely manner

  13. Section 1002 - Definitions

    29 U.S.C. § 1002   Cited 11,038 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

  14. Section 1104 - Fiduciary duties

    29 U.S.C. § 1104   Cited 4,826 times   72 Legal Analyses
    Specifying duties of a "fiduciary . . . with respect to a plan"

  15. Section 1109 - Liability for breach of fiduciary duty

    29 U.S.C. § 1109   Cited 2,489 times   9 Legal Analyses
    Breaching fiduciary "shall be subject to such other equitable or remedial relief as the court may deem appropriate"

  16. Section 1102 - Establishment of plan

    29 U.S.C. § 1102   Cited 1,620 times   12 Legal Analyses
    Granting administrator, as “named fiduciary,” the “authority to control and manage the operation and administration of the plan”

  17. Section 1106 - Prohibited transactions

    29 U.S.C. § 1106   Cited 1,215 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 1105 - Liability for breach of co-fiduciary

    29 U.S.C. § 1105   Cited 930 times   5 Legal Analyses
    Providing that a plan administrator may delegate fiduciary responsibilities if permitted by the ERISA plan

  19. Section 1103 - Establishment of trust

    29 U.S.C. § 1103   Cited 880 times   9 Legal Analyses
    Providing that “all assets of an employee benefit plan shall be held in trust by one or more trustees”

  20. Section 1108 - Exemptions from prohibited transactions

    29 U.S.C. § 1108   Cited 510 times   3 Legal Analyses
    Granting the Department of Labor authority to grant exemptions from ERISA's prohibited-transaction provisions

  21. Section 2550.404c-1 - ERISA section 404(c) plans

    29 C.F.R. § 2550.404c-1   Cited 86 times   6 Legal Analyses
    Specifying that "The standards set forth in this section are applicable solely for the purpose of determining whether a plan is an ERISA section 404(c) plan" and "are not intended" to determine other responsibilities under ERISA