§Why CasetextPricing

Sims v. First Horizon National Corporation et al

RESPONSE in Opposition re MOTION to Dismiss

59 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 269,421 times   281 Legal Analyses
    Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 282,303 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

  3. Varity Corp. v. Howe

    516 U.S. 489 (1996)   Cited 2,432 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

  4. Shaw v. Delta Air Lines, Inc.

    463 U.S. 85 (1983)   Cited 3,549 times   18 Legal Analyses
    Holding that federal common law of ERISA preempts state law in the interpretation of ERISA benefit plans

  5. Bassett v. National Collegiate Athletic Ass'n

    528 F.3d 426 (6th Cir. 2008)   Cited 2,797 times   5 Legal Analyses
    Holding that, on a motion to dismiss, a court “may consider the Complaint and any exhibits attached thereto, public records, items appearing in the record of the case and exhibits attached to defendant's motion to dismiss so long as they are referred to in the Complaint and are central to the claims contained therein”

  6. Curtiss-Wright Corp. v. Schoonejongen

    514 U.S. 73 (1995)   Cited 695 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)

  7. LaRue v. Dewolff

    552 U.S. 248 (2008)   Cited 459 times   19 Legal Analyses
    Holding that § 1132 "does not provide a remedy for individual injuries distinct from plan injuries"

  8. Pfahler v. National Latex

    517 F.3d 816 (6th Cir. 2007)   Cited 1,375 times   1 Legal Analyses
    Holding issue of material fact existed on whether defendants acted in fiduciary capacity when misrepresentations were made

  9. Berckeley Inv. Group, Ltd. v. Colkitt

    455 F.3d 195 (3d Cir. 2006)   Cited 1,312 times
    Holding that an expert witness is prohibited from rendering a legal opinion because it would usurp the District Court's pivotal role in explaining the law to the jury

  10. Commercial Money v. Illinois

    508 F.3d 327 (6th Cir. 2007)   Cited 1,095 times
    Holding that a district court may consider documents referenced in the pleadings that are integral to the claims in deciding motion to dismiss

  11. Section 1132 - Civil enforcement

    29 U.S.C. § 1132   Cited 26,841 times   176 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 11,252 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. Section 1104 - Fiduciary duties

    29 U.S.C. § 1104   Cited 4,955 times   73 Legal Analyses
    Specifying duties of a "fiduciary . . . with respect to a plan"

  14. Section 1109 - Liability for breach of fiduciary duty

    29 U.S.C. § 1109   Cited 2,563 times   11 Legal Analyses
    Breaching fiduciary "shall be subject to such other equitable or remedial relief as the court may deem appropriate"

  15. Section 1105 - Liability for breach of co-fiduciary

    29 U.S.C. § 1105   Cited 946 times   5 Legal Analyses
    Providing that a plan administrator may delegate fiduciary responsibilities if permitted by the ERISA plan

  16. Section 1103 - Establishment of trust

    29 U.S.C. § 1103   Cited 902 times   9 Legal Analyses
    Providing that “all assets of an employee benefit plan shall be held in trust by one or more trustees”