115 Cited authorities

Swierkiewicz v. Sorema N.A.
534 U.S. 506 (2002) Cited 16,758 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"
Varity Corp. v. Howe
516 U.S. 489 (1996) Cited 2,382 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
Great-West Life Annuity Ins. Co. v. Knudson
534 U.S. 204 (2002) Cited 1,689 times 37 Legal Analyses
Holding an injunction ordering money funds to be legal relief because it sought to "impo[se] personal liability for the benefits that they conferred upon respondents"
Mertens v. Hewitt Assocs
508 U.S. 248 (1993) Cited 1,839 times 24 Legal Analyses
Holding that relief under section 502 is limited to remedies traditionally available in equity, such as injunctions, mandamus, and restitution
Pegram v. Herdrich
530 U.S. 211 (2000) Cited 1,348 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"
Massachusetts Mut. Life Ins. Co. v. Russell
473 U.S. 134 (1985) Cited 2,111 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"
American Pipe Construction Co. v. Utah
414 U.S. 538 (1974) Cited 2,115 times 162 Legal Analyses
Holding the commencement of a class action "suspends the applicable statute of limitations as to all asserted members of the class who would have been parties had the suit been permitted to continue as a class action"
Harris Tr. & Sav. Bank v. Salomon Smith Barney Inc.
530 U.S. 238 (2000) Cited 541 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]"
Central States Pension Fund v. Central Transp
472 U.S. 559 (1985) Cited 605 times 4 Legal Analyses
Holding ERISA fiduciaries to the "more specific trustee duties itemized in the Act"
Wynder v. McMahon
360 F.3d 73 (2d Cir. 2004) Cited 717 times 2 Legal Analyses
Holding that district court erred in dismissing on Rule 8 grounds when the complaint, though long, was not "so confused, ambiguous, vague or otherwise unintelligible that its true substance, if any, is well disguised"
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 90,478 times 91 Legal Analyses
Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
Section 1132 - Civil enforcement
29 U.S.C. § 1132 Cited 26,272 times 169 Legal Analyses
Holding liable "[a]ny administrator" who fails to provide documents in a timely manner
Section 1002 - Definitions
29 U.S.C. § 1002 Cited 11,037 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
Section 1104 - Fiduciary duties
29 U.S.C. § 1104 Cited 4,825 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 1024 - Filing with Secretary and furnishing information to participants and certain employers
29 U.S.C. § 1024 Cited 1,315 times 7 Legal Analyses
Striking "plan description"
Section 1113 - Limitation of actions
29 U.S.C. § 1113 Cited 1,042 times 43 Legal Analyses
Recognizing a six year limitations period in instances of fraud or concealment
Section 1105 - Liability for breach of co-fiduciary
29 U.S.C. § 1105 Cited 929 times 5 Legal Analyses
Providing that a plan administrator may delegate fiduciary responsibilities if permitted by the ERISA plan
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”
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
Section 2509.75-8 - Questions and answers relating to fiduciary responsibility under the Employee Retirement Income Security Act of 1974
29 C.F.R. § 2509.75-8 Cited 513 times 9 Legal Analyses
Recognizing limitations on directors' primary fiduciary liability " apart from co-fiduciary liability arising under circumstances described in section 405"
Section 230.144 - Persons deemed not to be engaged in a distribution and therefore not underwriters
17 C.F.R. § 230.144 Cited 50 times 1 Legal Analyses
Recognizing as exempt certain securities "acquired directly ... from the issuer ... in a transaction or chain of transactions not involving any public offering"
Section 2550.404a-1 - Investment duties
29 C.F.R. § 2550.404a-1 Cited 18 times 2 Legal Analyses
Noting that the duty of prudence is satisfied if the fiduciary “[h]as given appropriate consideration to those facts and circumstances that, given the scope of such fiduciary's investment duties, the fiduciary knows or should know are relevant to the particular investment ... and [h]as acted accordingly.”

Reiff v. Metz et al

115 Cited authorities

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

Holding an injunction ordering money funds to be legal relief because it sought to "impo[se] personal liability for the benefits that they conferred upon respondents"

Holding that relief under section 502 is limited to remedies traditionally available in equity, such as injunctions, mandamus, and restitution

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"

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 commencement of a class action "suspends the applicable statute of limitations as to all asserted members of the class who would have been parties had the suit been permitted to continue as a class action"

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]"

Holding ERISA fiduciaries to the "more specific trustee duties itemized in the Act"

Holding that district court erred in dismissing on Rule 8 grounds when the complaint, though long, was not "so confused, ambiguous, vague or otherwise unintelligible that its true substance, if any, is well disguised"

Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

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

Holding that ERISA is a federal law that sets standards of protection for individuals in most voluntarily established, private-sector retirement plans

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"

Striking "plan description"

Recognizing a six year limitations period in instances of fraud or concealment

Providing that a plan administrator may delegate fiduciary responsibilities if permitted by the ERISA plan

Providing that “all assets of an employee benefit plan shall be held in trust by one or more trustees”

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

Recognizing limitations on directors' primary fiduciary liability " apart from co-fiduciary liability arising under circumstances described in section 405"

Recognizing as exempt certain securities "acquired directly ... from the issuer ... in a transaction or chain of transactions not involving any public offering"