30 Cited authorities

Pioneer Investment Services Company v. Brunswick Associates Limited Partnership
507 U.S. 380 (1993) Cited 7,764 times 14 Legal Analyses
Holding that clients must be held accountable for the acts and omissions of their attorneys
Firestone Tire Rubber Co. v. Bruch
489 U.S. 101 (1989) Cited 8,852 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"
Metro. Life Ins. Co. v. Glenn
554 U.S. 105 (2008) Cited 3,102 times 35 Legal Analyses
Holding that this sort of "dual role" conflict did not permit "a change in the standard of review, say, from deferential to de novo review," but instead was simply to be weighed as a factor in the abuse-of-discretion analysis
Link v. Wabash Railroad Co.
370 U.S. 626 (1962) Cited 23,902 times 4 Legal Analyses
Holding that Rule 41(b)'s allowance for a party to move to dismiss for failure to prosecute did not implicitly abrogate the court's power to dismiss sua sponte
United Student Aid Funds v. Espinosa
559 U.S. 260 (2010) Cited 1,848 times 5 Legal Analyses
Holding that rule 60(b) applies "in the rare instance where a judgment is premised . . . on a violation of due process that deprives a party of notice or the opportunity to be heard"
Max's Seafood Cafe, ex rel. Lou-Ann, Inc. v. Quinteros
176 F.3d 669 (3d Cir. 1999) Cited 4,159 times
Holding motion for reconsideration may be granted only if movant can show at least one of the following: there has been an intervening change in controlling law; availability of new evidence not available when court made its decision; or need to correct clear error of law or fact to prevent manifest injustice
Fort Halifax Packing Co. v. Coyne
482 U.S. 1 (1987) Cited 1,220 times 17 Legal Analyses
Holding that a Maine statute requiring employers to provide a one-time severance payment to plant employees in the event of plant closure did not establish, or require employers to maintain, an ERISA plan because "[t]he requirement of a one-time, lump-sum payment triggered by a single event requires no administrative scheme whatsoever to meet the employer's obligation"
Hughes Aircraft Co. v. Jacobson
525 U.S. 432 (1999) Cited 750 times 6 Legal Analyses
Holding that certain amendments to pension plans do not trigger fiduciary duties, as long as the plan is actuarily sound
North River Ins. Co. v. Cigna Reinsurance Co.
52 F.3d 1194 (3d Cir. 1995) Cited 2,271 times 3 Legal Analyses
Holding that a proper motion to alter or amend judgment must rely on one of three major grounds" " an intervening change in controlling law; the availability of new evidence [not available previously]; or the need to correct clear error [of law] or prevent manifest injustice"
Faber v. Metro. Life Ins. Co.
648 F.3d 98 (2d Cir. 2011) Cited 1,047 times 5 Legal Analyses
Holding the insurance company discharged its fiduciary duty when it established the retained asset account in accordance with the insurance policy
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 329,994 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 41 - Dismissal of Actions
Fed. R. Civ. P. 41 Cited 109,442 times 197 Legal Analyses
Holding that such dismissal "operates as an adjudication on the merits"
Rule 60 - Relief from a Judgment or Order
Fed. R. Civ. P. 60 Cited 53,889 times 147 Legal Analyses
Granting relief from the operation of a judgment
Rule 59 - New Trial; Altering or Amending a Judgment
Fed. R. Civ. P. 59 Cited 43,702 times 67 Legal Analyses
Allowing a party to move to alter or amend a judgment "no later than 28 days after the entry of the judgment"
Rule 54 - Judgment; Costs
Fed. R. Civ. P. 54 Cited 41,473 times 143 Legal Analyses
Holding party seeking fees may additionally seek "nontaxable expenses"
Rule 58 - Entering Judgment
Fed. R. Civ. P. 58 Cited 18,543 times 9 Legal Analyses
Recognizing that, after a jury verdict, the Court must enter judgment "in a separate document"
Section 501 - Exemption from tax on corporations, certain trusts, etc
26 U.S.C. § 501 Cited 3,233 times 293 Legal Analyses
Granting tax-exempt status to qualified pension plans
Section 419A - Qualified asset account; limitation on additions to account
26 U.S.C. § 419A Cited 78 times 6 Legal Analyses
Regarding collectively bargained plans
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

Solis v. Koresko et al

30 Cited authorities

Holding that clients must be held accountable for the acts and omissions of their attorneys

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"

Holding that this sort of "dual role" conflict did not permit "a change in the standard of review, say, from deferential to de novo review," but instead was simply to be weighed as a factor in the abuse-of-discretion analysis

Holding that Rule 41(b)'s allowance for a party to move to dismiss for failure to prosecute did not implicitly abrogate the court's power to dismiss sua sponte

Holding that rule 60(b) applies "in the rare instance where a judgment is premised . . . on a violation of due process that deprives a party of notice or the opportunity to be heard"

Holding that certain amendments to pension plans do not trigger fiduciary duties, as long as the plan is actuarily sound

Holding that a proper motion to alter or amend judgment must rely on one of three major grounds" " an intervening change in controlling law; the availability of new evidence [not available previously]; or the need to correct clear error [of law] or prevent manifest injustice"

Holding the insurance company discharged its fiduciary duty when it established the retained asset account in accordance with the insurance policy

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Holding that such dismissal "operates as an adjudication on the merits"

Granting relief from the operation of a judgment

Allowing a party to move to alter or amend a judgment "no later than 28 days after the entry of the judgment"

Holding party seeking fees may additionally seek "nontaxable expenses"

Recognizing that, after a jury verdict, the Court must enter judgment "in a separate document"

Granting tax-exempt status to qualified pension plans

Regarding collectively bargained plans

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