§Why CasetextPricing

Snow Shoe Refractories Llc v. Jumper et al

REPLY BRIEF re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

94 Cited authorities

  1. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 65,199 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"

  2. Kokkonen v. Guardian Life Ins. Co. of America

    511 U.S. 375 (1994)   Cited 20,234 times   5 Legal Analyses
    Holding that absent a reservation of jurisdiction in the stipulated dismissal order, federal courts lack jurisdiction to consider enforcement of a settlement agreement

  3. Caterpillar Inc. v. Williams

    482 U.S. 386 (1987)   Cited 11,690 times   8 Legal Analyses
    Holding that the rule that a federal defense does not suffice to show that a claim arises under federal law applies "even if the defense is anticipated in the plaintiff's complaint, and even if both parties concede that the federal defense is the only question truly at issue"

  4. Hishon v. King Spalding

    467 U.S. 69 (1984)   Cited 12,562 times   7 Legal Analyses
    Holding that the right of expression does not permit selecting law firm partners in violation of Title VII

  5. Firestone Tire Rubber Co. v. Bruch

    489 U.S. 101 (1989)   Cited 8,920 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"

  6. Franchise Tax Bd. v. Laborers Vacation Trust

    463 U.S. 1 (1983)   Cited 10,660 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"

  7. Aetna Health Inc. v. Davila

    542 U.S. 200 (2004)   Cited 2,785 times   30 Legal Analyses
    Holding that states cannot create new causes of action that conflict with ERISA's " ‘interlocking, interrelated, and interdependent remedial scheme,’ " located in § 502 of ERISA

  8. Beneficial Nat. Bank v. Anderson

    539 U.S. 1 (2003)   Cited 2,203 times   9 Legal Analyses
    Holding that the National Bank Act, 12 U.S.C. §§ 85, 86, completely preempts state-law usury claims against national banks

  9. Metro. Life Ins. Co. v. Taylor

    481 U.S. 58 (1987)   Cited 4,529 times   7 Legal Analyses
    Holding that § 1144 preempts state common law claims

  10. Pilot Life Ins. Co. v. Dedeaux

    481 U.S. 41 (1987)   Cited 3,737 times   11 Legal Analyses
    Holding that civil enforcement scheme codified at § 502 is not to be supplemented by state law remedies

  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 361,353 times   960 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 163,831 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. Rule 41 - Dismissal of Actions

    Fed. R. Civ. P. 41   Cited 115,596 times   200 Legal Analyses
    Holding that such dismissal "operates as an adjudication on the merits"

  14. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 100,847 times   140 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

  15. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 64,902 times   81 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"

  16. Section 1132 - Civil enforcement

    29 U.S.C. § 1132   Cited 26,751 times   175 Legal Analyses
    Holding liable "[a]ny administrator" who fails to provide documents in a timely manner

  17. Section 1001 - Congressional findings and declaration of policy

    29 U.S.C. § 1001   Cited 20,768 times   59 Legal Analyses
    Noting that ERISA was enacted “to protect ... employee benefit plans and their beneficiaries”

  18. Section 1002 - Definitions

    29 U.S.C. § 1002   Cited 11,224 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

  19. Section 1407 - Multidistrict litigation

    28 U.S.C. § 1407   Cited 7,151 times   107 Legal Analyses
    Authorizing consolidation of pretrial proceedings for related cases filed in multiple federal districts

  20. Section 1144 - Other laws

    29 U.S.C. § 1144   Cited 7,044 times   53 Legal Analyses
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