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Ragan v. Advanta Corp. et al

RESPONSE in Opposition re MOTION to Dismiss

100 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,142 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 273,590 times   368 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 17,065 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. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,123 times   606 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  5. Dura Pharmaceuticals v. Broudo

    544 U.S. 336 (2005)   Cited 3,593 times   67 Legal Analyses
    Holding that the securities statutes have a private of action “not to provide investors with broad insurance against market losses, but to protect them against those economic losses that misrepresentations actually cause”

  6. Fowler v. UPMC Shadyside

    578 F.3d 203 (3d Cir. 2009)   Cited 14,340 times   4 Legal Analyses
    Holding that the district court did not abuse its discretion "in denying a motion for a class action determination which was untimely under the local rule"

  7. Varity Corp. v. Howe

    516 U.S. 489 (1996)   Cited 2,399 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

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

    473 U.S. 134 (1985)   Cited 2,123 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"

  9. Hedges v. U.S.

    404 F.3d 744 (3d Cir. 2005)   Cited 2,979 times
    Holding the SIAA's two-year statute of limitations, previously codified at 46 U.S.C. § 745, was not jurisdictional and therefore subject to equitable tolling

  10. Braden v. Wal-Mart Stores

    588 F.3d 585 (8th Cir. 2009)   Cited 1,919 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"

  11. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,551 times   328 Legal Analyses
    Requiring that fraud be pleaded with particularity

  12. Section 1132 - Civil enforcement

    29 U.S.C. § 1132   Cited 26,548 times   173 Legal Analyses
    Holding liable "[a]ny administrator" who fails to provide documents in a timely manner

  13. Section 1001 - Congressional findings and declaration of policy

    29 U.S.C. § 1001   Cited 20,657 times   59 Legal Analyses
    Noting that ERISA was enacted “to protect ... employee benefit plans and their beneficiaries”

  14. Section 1104 - Fiduciary duties

    29 U.S.C. § 1104   Cited 4,887 times   73 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 2,517 times   10 Legal Analyses
    Breaching fiduciary "shall be subject to such other equitable or remedial relief as the court may deem appropriate"

  16. Section 1107 - Limitation with respect to acquisition and holding of employer securities and employer real property by certain plans

    29 U.S.C. § 1107   Cited 214 times   1 Legal Analyses
    Exempting ESOPs from the generally applicable 10% limit on the portion of plan assets that may be invested in employer stock