§Why CasetextPricing

Renaissance Ranch Outpatient Treatment v. Golden Rule Insurance Company et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support

37 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,784 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Franchise Tax Bd. v. Laborers Vacation Trust

    463 U.S. 1 (1983)   Cited 10,440 times   5 Legal Analyses
    Holding that a case may not be removed to federal court on the basis of a preemption defense even where "both parties admit that the defense is the only question truly at issue in the case"

  3. Varity Corp. v. Howe

    516 U.S. 489 (1996)   Cited 2,383 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

  4. Shaw v. Delta Air Lines, Inc.

    463 U.S. 85 (1983)   Cited 3,511 times   17 Legal Analyses
    Holding that federal common law of ERISA preempts state law in the interpretation of ERISA benefit plans

  5. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 15,995 times   5 Legal Analyses
    Holding that a cognizable gender discrimination claim could be brought by a female domestic violence victim where the victim alleged police denied protection and made misogynistic comments including that "he did not blame [the victim's] husband for hitting her, because of the way she was 'carrying on'"

  6. Massachusetts Mut. Life Ins. Co. v. Russell

    473 U.S. 134 (1985)   Cited 2,112 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"

  7. Alessi v. Raybestos-Manhattan, Inc.

    451 U.S. 504 (1981)   Cited 970 times   1 Legal Analyses
    Holding a state workers' compensation regime preempted by ERISA to the extent state law applied to pension plans governed by federal law

  8. Warren v. Fox Family Worldwide, Inc.

    328 F.3d 1136 (9th Cir. 2003)   Cited 1,143 times   1 Legal Analyses
    Holding the court is "not required to accept as true conclusory allegations which are contradicted by documents referred to in the complaint."

  9. Montoya v. Chao

    296 F.3d 952 (10th Cir. 2002)   Cited 1,040 times
    Holding that § 7703(b) ’s time bar is not jurisdictional and hence can be equitably tolled

  10. Bixler v. Foster

    596 F.3d 751 (10th Cir. 2010)   Cited 513 times   1 Legal Analyses
    Holding "[t]o survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim for relief that is plausible on its face"

  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 345,982 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. 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

  13. Section 1002 - Definitions

    29 U.S.C. § 1002   Cited 11,042 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

  14. Section 1144 - Other laws

    29 U.S.C. § 1144   Cited 6,974 times   52 Legal Analyses
    Saving clause