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Santomenno v. John Hancock Life Insurance Company (U.S.A.)

REPLY BRIEF to Opposition to Motion re MOTION to Dismiss Plaintiffs' Second Amended Complaint

76 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 269,063 times   367 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  2. Firestone Tire Rubber Co. v. Bruch

    489 U.S. 101 (1989)   Cited 8,854 times   54 Legal Analyses
    Holding that a denial of ERISA benefits "is to be reviewed under a de novo standard unless the benefit plan gives the administrator or fiduciary discretionary authority to determine eligibility for benefits or to construe the terms of the plan"

  3. Alexander v. Sandoval

    532 U.S. 275 (2001)   Cited 2,654 times   35 Legal Analyses
    Holding that it is "beyond dispute" that banning discrimination " ‘on the ground of race’ " "prohibits only intentional discrimination"

  4. Parklane Hosiery Co. v. Shore

    439 U.S. 322 (1979)   Cited 4,249 times   8 Legal Analyses
    Holding that district courts have discretion to refuse to apply offensive non-mutual collateral estoppel against a defendant if such an application of the doctrine would be unfair

  5. Mertens v. Hewitt Assocs

    508 U.S. 248 (1993)   Cited 1,846 times   24 Legal Analyses
    Holding that relief under section 502 is limited to remedies traditionally available in equity, such as injunctions, mandamus, and restitution

  6. Pegram v. Herdrich

    530 U.S. 211 (2000)   Cited 1,355 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"

  7. Sprint Communications Co. v. APCC Services, Inc.

    554 U.S. 269 (2008)   Cited 787 times   8 Legal Analyses
    Holding that a federal cause of action that permitted payphone operators to seek compensation from long-distance carriers for certain calls was assignable

  8. Frederico v. Home Depot

    507 F.3d 188 (3d Cir. 2007)   Cited 2,229 times   8 Legal Analyses
    Holding a dismissal order "without prejudice" was a final order because the plaintiff elected to stand on her original complaint rather than amend or refile it

  9. Braden v. Wal-Mart Stores

    588 F.3d 585 (8th Cir. 2009)   Cited 1,889 times   6 Legal Analyses
    Holding fiduciary had duty to disclose "complete and accurate material information about the Plan funds and the process by which they were selected"

  10. Transamerica Mortgage Advisors, Inc. v. Lewis

    444 U.S. 11 (1979)   Cited 1,334 times   6 Legal Analyses
    Holding that Congress did not provide a private right of action for § 80b-6 because the statute expressly provided other means of enforcing compliance with its terms

  11. Section 1132 - Civil enforcement

    29 U.S.C. § 1132   Cited 26,368 times   171 Legal Analyses
    Holding liable "[a]ny administrator" who fails to provide documents in a timely manner

  12. Section 1002 - Definitions

    29 U.S.C. § 1002   Cited 11,076 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

  13. Rule 23.1 - Derivative Actions

    Fed. R. Civ. P. 23.1   Cited 1,954 times   27 Legal Analyses
    Requiring only that the plaintiff allege demand futility "with particularity"

  14. Section 1101 - Coverage

    29 U.S.C. § 1101   Cited 849 times   6 Legal Analyses
    Applying subsections (b) and (b) "[f]or purposes of this part," that is, Part 4, which comprises §§ 1101-1114

  15. Section 80a-35 - Breach of fiduciary duty

    15 U.S.C. § 80a-35   Cited 310 times   6 Legal Analyses
    Imposing a “fiduciary duty with respect to the receipt of compensation for services, or of payments of a material nature ”

  16. Section 80b-2 - Definitions

    15 U.S.C. § 80b-2   Cited 219 times   16 Legal Analyses
    Defining investment adviser

  17. Section 80a-3 - Definition of investment company

    15 U.S.C. § 80a-3   Cited 120 times   28 Legal Analyses
    Excluding church plans from the definition of investment companies under the Investment Company Act of 1940

  18. Section 80b-15 - Validity of contracts

    15 U.S.C. § 80b-15   Cited 104 times
    Voiding a contract only as to the rights of those who "in violation of [the IAA], shall have made or engaged in the performance of any such contract," or have acquired rights under the contract "with actual knowledge of the facts by reason of which the making or performance of such contract was in violation of [the IAA]"

  19. Section 80a-46 - Validity of contracts

    15 U.S.C. § 80a-46   Cited 48 times   1 Legal Analyses
    Providing a remedy in the event that "a contract described in paragraph has been performed"

  20. Section 2510.3-21 - [Effective 9/23/2024] Definition of "Fiduciary."

    29 C.F.R. §§ 2510.3-21   Cited 97 times   21 Legal Analyses
    Describing various functions that do or do not create fiduciary status