§Why CasetextPricing

Pledger et al v. Reliance Trust Company et al

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

59 Cited authorities

  1. Varity Corp. v. Howe

    516 U.S. 489 (1996)   Cited 2,388 times   33 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

  2. Cigna Corp. v. Amara

    563 U.S. 421 (2011)   Cited 1,109 times   101 Legal Analyses
    Holding that SPDs provide "communication with beneficiaries about the plan, but . . . do not themselves constitute the terms of the plan for purposes of § 502(B)"

  3. Pegram v. Herdrich

    530 U.S. 211 (2000)   Cited 1,354 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"

  4. Massachusetts Mut. Life Ins. Co. v. Russell

    473 U.S. 134 (1985)   Cited 2,114 times   14 Legal Analyses
    Holding that a participant's action filed pursuant to ERISA § 502 must seek remedies that provide a "benefit [to] the plan as a whole"

  5. Weiland v. Palm Beach Cnty. Sheriff's Office

    792 F.3d 1313 (11th Cir. 2015)   Cited 2,373 times   2 Legal Analyses
    Holding that the "conclusory allegation that the Sheriff’s Office was ‘on notice’ of the need to ‘promulgate, implement, and/or oversee’ policies pertaining to the ‘use of force’ " was insufficient when the claim arose from a single incident involving two deputies

  6. Braden v. Wal-Mart Stores

    588 F.3d 585 (8th Cir. 2009)   Cited 1,886 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"

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

    530 U.S. 238 (2000)   Cited 547 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]"

  8. Chaparro v. Carnival Corp.

    693 F.3d 1333 (11th Cir. 2012)   Cited 1,182 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

  9. Bancorp v. Dudenhoeffer

    573 U.S. 409 (2014)   Cited 308 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

  10. Bryant v. Rich

    530 F.3d 1368 (11th Cir. 2008)   Cited 1,327 times
    Holding that denying access to grievance forms can make an administrative remedy unavailable

  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 348,148 times   927 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 157,408 times   196 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 26,353 times   171 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 11,068 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 1104 - Fiduciary duties

    29 U.S.C. § 1104   Cited 4,843 times   72 Legal Analyses
    Specifying duties of a "fiduciary . . . with respect to a plan"

  16. Section 1109 - Liability for breach of fiduciary duty

    29 U.S.C. § 1109   Cited 2,495 times   9 Legal Analyses
    Breaching fiduciary "shall be subject to such other equitable or remedial relief as the court may deem appropriate"

  17. Section 401 - Qualified pension, profit-sharing, and stock bonus plans

    26 U.S.C. § 401   Cited 1,974 times   127 Legal Analyses
    Authorizing defined contribution plans for the benefit of employees

  18. Section 1102 - Establishment of plan

    29 U.S.C. § 1102   Cited 1,623 times   12 Legal Analyses
    Granting administrator, as “named fiduciary,” the “authority to control and manage the operation and administration of the plan”

  19. Section 1106 - Prohibited transactions

    29 U.S.C. § 1106   Cited 1,220 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

  20. Section 1105 - Liability for breach of co-fiduciary

    29 U.S.C. § 1105   Cited 931 times   5 Legal Analyses
    Providing that a plan administrator may delegate fiduciary responsibilities if permitted by the ERISA plan