67 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 276,716 times   369 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
  2. Varity Corp. v. Howe

    516 U.S. 489 (1996)   Cited 2,412 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
  3. Mertens v. Hewitt Assocs

    508 U.S. 248 (1993)   Cited 1,866 times   24 Legal Analyses
    Holding that relief under section 502 is limited to remedies traditionally available in equity, such as injunctions, mandamus, and restitution
  4. Pegram v. Herdrich

    530 U.S. 211 (2000)   Cited 1,381 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"
  5. Massachusetts Mut. Life Ins. Co. v. Russell

    473 U.S. 134 (1985)   Cited 2,133 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"
  6. Sereboff v. Mid Atlantic Medical Services, Inc.

    547 U.S. 356 (2006)   Cited 615 times   28 Legal Analyses
    Holding portion of beneficiary's settlement constituted specifically identifiable funds subject to equitable lien
  7. Hughes Aircraft Co. v. Jacobson

    525 U.S. 432 (1999)   Cited 761 times   6 Legal Analyses
    Holding that certain amendments to pension plans do not trigger fiduciary duties, as long as the plan is actuarily sound
  8. Cortec Indus., Inc. v. Sum Holding L.P.

    949 F.2d 42 (2d Cir. 1991)   Cited 3,047 times
    Holding that "[w]here plaintiff has actual notice of all the information in the movant's papers and has relied upon these documents in framing the complaint the necessity of translating a Rule 12(b) motion into one under Rule 56 is largely dissipated" and affirming the district court's consideration of a stock purchase agreement, offering memorandum, and stock warrant that were "integral to [plaintiffs'] complaint"
  9. Lockheed Corp. v. Spink

    517 U.S. 882 (1996)   Cited 578 times   7 Legal Analyses
    Holding that when plan administrators adopt, modify, or terminate pension benefit plans, they are not acting as fiduciaries
  10. United States v. O'Hagan

    521 U.S. 642 (1997)   Cited 499 times   66 Legal Analyses
    Holding that the Commission, in a nearly identical grant of authority, may regulate acts that are "not themselves fraudulent" if the restriction is "reasonably designed to prevent" fraud or deception
  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 357,835 times   950 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,084 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. 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 520 times   9 Legal Analyses
    Recognizing limitations on directors' primary fiduciary liability " apart from co-fiduciary liability arising under circumstances described in section 405"