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Reiff v. Metz et al

MEMORANDUM OF LAW in Support re: 39 MOTION to Approve Class Action Settlement.. Document

31 Cited authorities

  1. LaRue v. Dewolff

    552 U.S. 248 (2008)   Cited 436 times   19 Legal Analyses
    Holding that § 1132 "does not provide a remedy for individual injuries distinct from plan injuries"

  2. Wal-Mart Stores, Inc. v. Visa U.S.A., Inc.

    396 F.3d 96 (2d Cir. 2005)   Cited 756 times   1 Legal Analyses
    Holding that decision to grant or reject objector's motion for discovery regarding fairness of settlement depended on "whether or not the District Court had before it sufficient facts intelligently to approve the settlement offer"

  3. Pugh v. Tribune

    521 F.3d 686 (7th Cir. 2008)   Cited 533 times   4 Legal Analyses
    Holding that Stoneridge precluded primary liability for an insider at Tribune

  4. City of Detroit v. Grinnell Corporation

    495 F.2d 448 (2d Cir. 1974)   Cited 1,390 times
    Holding that Section 4 does not authorize award of attorney's fees to a plaintiff who settles his claim with the defendant

  5. Syncor v. Cardinal

    516 F.3d 1095 (9th Cir. 2008)   Cited 321 times   2 Legal Analyses
    Finding that, where parties “reached an enforceable settlement agreement subject to court approval,” defendant could not withdraw from agreement even before court approval

  6. Moench v. Robertson

    62 F.3d 553 (3d Cir. 1995)   Cited 315 times   49 Legal Analyses
    Holding that fiduciaries of Employee Stock Option Plans can be held liable under ERISA in limited circumstances

  7. Graden v. Conexant

    496 F.3d 291 (3d Cir. 2007)   Cited 215 times   1 Legal Analyses
    Holding that, under ERISA, "participant" is a "distinct term[] of art" that "refers to an employee or former employee who takes part in his employer's plan."

  8. Kuper v. Iovenko

    66 F.3d 1447 (6th Cir. 1995)   Cited 217 times   17 Legal Analyses
    Holding § 1104 contains a causation requirement

  9. Joel A. v. Giuliani

    218 F.3d 132 (2d Cir. 2000)   Cited 179 times
    Holding objection to settlement on adequacy of representation grounds waived where the “perceived differences [among] subclass members were apparent when the subclasses were certified” and no objection was made at time of certification decision

  10. Wright v. Oregon Metallurgical Corp.

    360 F.3d 1090 (9th Cir. 2004)   Cited 159 times   5 Legal Analyses
    Holding that “ERISA imposes three general duties on pension plan fiduciaries”: to “discharge their duties with ‘prudence’ ”; to “diversify investments to ‘minimize the risk of large losses' ”; and to “act ‘solely in the interest of the participants' and for the ‘exclusive purpose’ of providing benefits to those participants.” (quoting 29 U.S.C. § 1104(a) )

  11. Section 157 - Procedures

    28 U.S.C. § 157   Cited 51,405 times   78 Legal Analyses
    Determining the validity, extent, or priority of liens

  12. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 34,939 times   1235 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

  13. Section 1132 - Civil enforcement

    29 U.S.C. § 1132   Cited 26,281 times   170 Legal Analyses
    Holding liable "[a]ny administrator" who fails to provide documents in a timely manner

  14. Section 1104 - Fiduciary duties

    29 U.S.C. § 1104   Cited 4,827 times   72 Legal Analyses
    Specifying duties of a "fiduciary . . . with respect to a plan"