MEMORANDUM OF LAW in Opposition re: 20 MOTION to Dismiss the Complaint for Failure to State a Claim., 17 MOTION to Dismiss Plaintiff's Class Action Complaint. PLAINTIFF'S MEMORANDUM OF LAW IN OPPOSITION TO ALL DEFENDANTS' MOTIONS TO DISMISS. Document
534 U.S. 506 (2002) Cited 16,819 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"
534 U.S. 204 (2002) Cited 1,695 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"
530 U.S. 211 (2000) Cited 1,353 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"
414 U.S. 538 (1974) Cited 2,118 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"
530 U.S. 238 (2000) Cited 546 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]"
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"
Fed. R. Civ. P. 15 Cited 90,919 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
29 C.F.R. § 2509.75-8 Cited 514 times 9 Legal Analyses
Recognizing limitations on directors' primary fiduciary liability " apart from co-fiduciary liability arising under circumstances described in section 405"
17 C.F.R. § 230.144 Cited 51 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"
29 C.F.R. § 2550.404a-1 Cited 19 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.”