78 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 275,856 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. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 64,073 times   3 Legal Analyses
    Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"
  3. Pilot Life Ins. Co. v. Dedeaux

    481 U.S. 41 (1987)   Cited 3,732 times   11 Legal Analyses
    Holding that civil enforcement scheme codified at § 502 is not to be supplemented by state law remedies
  4. Varity Corp. v. Howe

    516 U.S. 489 (1996)   Cited 2,409 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
  5. Great-West Life Annuity Ins. Co. v. Knudson

    534 U.S. 204 (2002)   Cited 1,712 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"
  6. Mertens v. Hewitt Assocs

    508 U.S. 248 (1993)   Cited 1,865 times   24 Legal Analyses
    Holding that relief under section 502 is limited to remedies traditionally available in equity, such as injunctions, mandamus, and restitution
  7. Massachusetts Mut. Life Ins. Co. v. Russell

    473 U.S. 134 (1985)   Cited 2,132 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"
  8. Sereboff v. Mid Atlantic Medical Services, Inc.

    547 U.S. 356 (2006)   Cited 614 times   28 Legal Analyses
    Holding portion of beneficiary's settlement constituted specifically identifiable funds subject to equitable lien
  9. Curtiss-Wright Corp. v. Schoonejongen

    514 U.S. 73 (1995)   Cited 692 times   7 Legal Analyses
    Holding that a clause reserving the company's right "at any time to amend the plan" meets the requirements of 29 U.S.C. § 1102(b)
  10. Harris Tr. & Sav. Bank v. Salomon Smith Barney Inc.

    530 U.S. 238 (2000)   Cited 550 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]"
  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 356,916 times   947 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 161,536 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 1132 - Civil enforcement

    29 U.S.C. § 1132   Cited 26,646 times   174 Legal Analyses
    Holding liable "[a]ny administrator" who fails to provide documents in a timely manner
  14. Section 1001 - Congressional findings and declaration of policy

    29 U.S.C. § 1001   Cited 20,708 times   59 Legal Analyses
    Noting that ERISA was enacted “to protect ... employee benefit plans and their beneficiaries”
  15. Section 1002 - Definitions

    29 U.S.C. § 1002   Cited 11,181 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
  16. Section 1104 - Fiduciary duties

    29 U.S.C. § 1104   Cited 4,910 times   73 Legal Analyses
    Specifying duties of a "fiduciary . . . with respect to a plan"
  17. Section 1109 - Liability for breach of fiduciary duty

    29 U.S.C. § 1109   Cited 2,530 times   10 Legal Analyses
    Breaching fiduciary "shall be subject to such other equitable or remedial relief as the court may deem appropriate"
  18. Section 1105 - Liability for breach of co-fiduciary

    29 U.S.C. § 1105   Cited 938 times   5 Legal Analyses
    Providing that a plan administrator may delegate fiduciary responsibilities if permitted by the ERISA plan
  19. Section 1103 - Establishment of trust

    29 U.S.C. § 1103   Cited 897 times   9 Legal Analyses
    Providing that “all assets of an employee benefit plan shall be held in trust by one or more trustees”
  20. Section 1101 - Coverage

    29 U.S.C. § 1101   Cited 856 times   6 Legal Analyses
    Applying subsections (b) and (b) "[f]or purposes of this part," that is, Part 4, which comprises §§ 1101-1114
  21. 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"
  22. Section 2510.3-21 - [Effective 9/23/2024] Definition of "Fiduciary."

    29 C.F.R. §§ 2510.3-21   Cited 96 times   21 Legal Analyses
    Describing various functions that do or do not create fiduciary status
  23. Section 2510.3-101 - Definition of "plan assets"-plan investments

    29 C.F.R. § 2510.3-101   Cited 65 times   16 Legal Analyses
    Providing that the underlying assets of an “operating company” in which a plan invests are not considered plan assets for determining whether a prohibited transaction occurred
  24. Section 2509.75-3 - Interpretive bulletin relating to investments by employee benefit plans in securities of registered investment companies

    29 C.F.R. § 2509.75-3

    On March 12, 1975, the Department of Labor issued an interpretive bulletin, ERISA IB 75-3, with regard to its interpretation of section 3(21)(B) of the Employee Retirement Income Security Act of 1974. That section provides that an investment by an employee benefit plan in securities issued by an investment company registered under the Investment Company Act of 1940 shall not by itself cause the investment company, its investment adviser or principal underwriter to be deemed to be a fiduciary or party