§Why CasetextPricing

RANDOLPH et al v. ING LIFE INSURANCE AND ANNUITY COMPANY

Memorandum in opposition to re MOTION to Dismiss Complaint

22 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 242,291 times   39 Legal Analyses
    Holding that summary judgment is appropriate when the evidence is "so one-sided that one party must prevail as a matter of law"

  2. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 59,382 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  3. Jerome Stevens Pharm v. Food Drug Admin

    402 F.3d 1249 (D.C. Cir. 2005)   Cited 1,068 times   2 Legal Analyses
    Holding that courts may look beyond pleadings in the complaint to ascertain their own jurisdiction

  4. Barr v. Clinton

    370 F.3d 1196 (D.C. Cir. 2004)   Cited 242 times
    Reviewing dismissal under Rules 12(b) and 12(b) de novo

  5. Vassiliades v. Garfinckel's, Brooks Bros

    492 A.2d 580 (D.C. 1985)   Cited 118 times
    Affirming jnov on appropriation of likeness claim because "incidental use of name or likeness or publication for a purpose other than taking advantage of a person's reputation or the value associated with his name will not result in actionable appropriation"

  6. Forbes v. Wells Fargo Bank, N.A.

    420 F. Supp. 2d 1018 (D. Minn. 2006)   Cited 32 times   1 Legal Analyses
    Holding that bank customers whose personal information was stolen from a company that had been retained by the bank did not suffer any present injury or reasonably certain future injury

  7. Nwachukwu v. Karl

    223 F. Supp. 2d 60 (D.D.C. 2002)   Cited 33 times

    No. Civ.A. 02-0469(RMU). August 26, 2002. Christian C. Nwachukwu, Cheverly, MD, plaintiff pro se. C. Michael Tarone, McDonald Karl, Washington, DC, for defendant. MEMORANDUM OPINION URBINA, District Judge. DENYING THE PLAINTIFF'S MOTION TO REMAND; DENYING THE DEFENDANT'S MOTION TO DISMISS; DENYING THE PLAINTIFF'S MOTION FOR SANCTIONS; DENYING WITHOUT PREJUDICE THE DEFENDANT'S ALTERNATIVE MOTIONS FOR SUMMARY JUDGMENT AND JUDGMENT ON THE PLEADINGS; AND DENYING WITHOUT PREJUDICE THE PLAINTIFF'S MOTION

  8. Giordano v. Wachovia Securities, LLC

    Civil No. 06-476 (JBS) (D.N.J. Jul. 31, 2006)   Cited 23 times
    Finding no standing

  9. Wagman v. Lee

    457 A.2d 401 (D.C. 1983)   Cited 31 times   1 Legal Analyses
    Sustaining punitive damage award for breach of fiduciary duty relying partly on Brown, where jury had also awarded $4,000 in actual damages

  10. Walker v. Waller

    Civil Action No. 02-1502 DAR (D.D.C. Jun. 2, 2003)   Cited 8 times
    Holding that, to the extent the plaintiff was seeking declaratory relief regarding the ownership of certain stock, the amount in controversy was the value of the stock at the time of filing

  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 362,607 times   962 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 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 337,668 times   161 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  13. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 164,455 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  14. Section 1447 - Procedure after removal generally

    28 U.S.C. § 1447   Cited 34,376 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"

  15. Section 1-747 - Civil enforcement

    D.C. Code § 1-747   Cited 3 times

    (a) A civil action may be brought: (1) By a participant or beneficiary: (A) For the relief provided for in subsection (b) of this section; or (B) To recover benefits due to him under the terms of his retirement program, to enforce his rights under the terms of the retirement program, or to clarify his rights to future benefits under the terms of the retirement program; (2) By a participant or beneficiary, the District of Columbia, or the Board for appropriate relief under § 1-742; or (3) By a participant

  16. Section 1-702 - Definitions

    D.C. Code § 1-702   Cited 3 times

    As used in this chapter: (1) The term "Mayor" means the Mayor of the District of Columbia. (2) The term "Council" means the Council of the District of Columbia. (3) The term "Speaker" means the Speaker of the House of Representatives. (4) The term "President pro tempore" means the President pro tempore of the Senate. (5) The term "Board" means the District of Columbia Retirement Board established by § 1-711. (6) The term "Custodian of Retirement Funds" means the Board, except that until such time

  17. Section 1-626.05 - District retirement benefits program

    D.C. Code § 1-626.05   Cited 3 times

    The retirement benefits program of the District shall consist of: (1) A defined benefit plan, as provided in 42 U.S.C. § 301 et seq. ("Social Security Act"); (2) An employee deferred compensation plan pursuant to § 457 of the Internal Revenue Code [ 26 U.S.C. § 457 ] governed by Chapter 36 of Title 47; (3) A defined contribution plan pursuant to § 401(a) of theInternal Revenue Code [ 26 U.S.C. § 401 ], for employer contributions on behalf of an employee pursuant to § 1-626.09(c); and (4) A defined

  18. Section 1-714 - District of Columbia Judges' Retirement Fund

    D.C. Code § 1-714   Cited 2 times

    (a) There is established a fund to be known as the District of Columbia Judges' Retirement Fund into which shall be deposited the following (except as provided in § 11-1570 ), which shall constitute the assets of the Fund: (1) Any amount deposited pursuant to subchapter III of Chapter 15 of Title 11; (2) Any asset transferred to such Fund under subsection (b) of this section; (3) Any amount appropriated for such Fund under subchapter III of this chapter; and (4) Any return on investment of the assets

  19. Section 1-626.13 - Duties and liabilities of Trustee; exemptions; violations and sanctions

    D.C. Code § 1-626.13   Cited 1 times

    (a) A fiduciary shall discharge his duties with respect to the Trust solely in the interest of the participants and beneficiaries and: (1) For the exclusive purpose of providing benefits to participants and beneficiaries; (2) With the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent individual acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims; (3) By diversifying the

  20. Section 1-626.14 - Civil actions

    D.C. Code § 1-626.14   Cited 1 times

    A civil action may be brought by a participant or a beneficiary of the Trust, or by the District, to enjoin any act or practice that violates any provision of this chapter or the terms of the retirement program, and for other appropriate legal and equitable relief. In any action under this chapter, the court in its discretion may allow the prevailing party, other than the District, a reasonable attorney fee and costs of action. D.C. Code § 1-626.14 Mar. 3, 1979, D.C. Law 2-139, § 2614; as added Mar