100 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,709 times 279 Legal Analyses
Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,625 times 365 Legal Analyses
Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
Swierkiewicz v. Sorema N.A.
534 U.S. 506 (2002) Cited 16,763 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"
Chevron U.S.A. v. Natural Res. Def. Council
467 U.S. 837 (1984) Cited 16,020 times 502 Legal Analyses
Holding that courts "must give effect to the unambiguously expressed intent of Congress"
Dura Pharmaceuticals v. Broudo
544 U.S. 336 (2005) Cited 3,550 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”
Fowler v. UPMC Shadyside
578 F.3d 203 (3d Cir. 2009) Cited 14,085 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"
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
Massachusetts Mut. Life Ins. Co. v. Russell
473 U.S. 134 (1985) Cited 2,112 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"
Hedges v. U.S.
404 F.3d 744 (3d Cir. 2005) Cited 2,926 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
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"
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 38,923 times 316 Legal Analyses
Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
Section 1132 - Civil enforcement
29 U.S.C. § 1132 Cited 26,279 times 170 Legal Analyses
Holding liable "[a]ny administrator" who fails to provide documents in a timely manner
Section 1001 - Congressional findings and declaration of policy
29 U.S.C. § 1001 Cited 20,521 times 59 Legal Analyses
Noting that ERISA was enacted “to protect ... employee benefit plans and their beneficiaries”
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"
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"
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

Ragan v. Advanta Corp. et al

100 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

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"

Holding that courts "must give effect to the unambiguously expressed intent of Congress"

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”

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"

Holding that ERISA fiduciaries may have duties to disclose information about plan prospects that they have no duty, or even power, to change

Holding that a participant's action filed pursuant to ERISA § 502 must seek remedies that provide a "benefit [to] the plan as a whole"

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

Holding fiduciary had duty to disclose "complete and accurate material information about the Plan funds and the process by which they were selected"

Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

Holding liable "[a]ny administrator" who fails to provide documents in a timely manner

Noting that ERISA was enacted “to protect ... employee benefit plans and their beneficiaries”

Specifying duties of a "fiduciary . . . with respect to a plan"

Breaching fiduciary "shall be subject to such other equitable or remedial relief as the court may deem appropriate"

Exempting ESOPs from the generally applicable 10% limit on the portion of plan assets that may be invested in employer stock