Swierkiewicz v. Sorema N.A.

Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"

Conley v. Gibson

Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

Basic Inc. v. Levinson

Holding that the District Court appropriately certified the class based on the presumption of reliance

Collins v. Morgan Stanley Dean Witter

Holding that a court may consider “[d]ocuments that a defendant attaches to a motion to dismiss ... if they are referred to in the plaintiff's complaint and are central to her claim” (quoting Venture Assocs. Corp. v. Zenith Data Sys. Corp., 987 F.2d 429, 431 (7th Cir.1993) )

Concha v. London

Holding that Rule 9(b) does not apply to ERISA fiduciary-duty claims

Cunningham v. Donovan

Explaining that complaints concerning uncalled witnesses are generally not favored because the presentation of witness testimony is essentially strategy and thus within counsel's domain, and that speculations as to what the witness would have testified is too uncertain."

Donovan v. Cunningham

Holding that Secretary of Labor is not bound under doctrine of res judicata by the results of private ERISA litigation because of the Secretary's overriding public interest that is separate and distinct from a private litigant's interests

London v. Concha

DeBruyne v. Equitable Life Assur. Soc. of U.S.

Holding that plaintiff's evidence that an investment lost money, coupled with an expert's opinion that a typical funds manager would not have acted as the fiduciary had acted, was not sufficient to rebut the fiduciary's assertion at summary judgment that its investment strategies were prudent

Soo Line Railroad v. St. Louis Southwestern Railway Co.

Holding that at summary judgment "judicial efficiency demands that a party not be allowed to controvert what it has already unequivocally told a court by the most formal and considered means possible."

Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Rule 8 - General Rules of Pleading

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Section 1105 - Liability for breach of co-fiduciary

Providing that a plan administrator may delegate fiduciary responsibilities if permitted by the ERISA plan

Section 5 - Bulletin as to labor conditions

Granting retirement plans the right "to sue and be sued like corporations and other legal entities"