504 U.S. 753 (1992) Cited 904 times 1 Legal Analyses
Holding that ERISA’s anti-alienation provision "constitutes an enforceable transfer restriction for purposes of 11 U.S.C. § 541(c) ’s exclusion of property from the bankruptcy estate"
Holding that, where the first two Berry factors (similarity and frequency) are satisfied but the third (degree-of-permanence) is not, "given the analysis under the first two factors, we believe that [plaintiff] has shown enough to avoid summary judgment on the statute of imitations issue"
Holding that limitations period begins to run “when there is enough information available to the pensioner to assure that he knows or reasonably should know of the miscalculation,” and explaining its view that its standard is consistent with the Third Circuit's reasoning in Miller
Holding that, as required by § 2605(f), to state a claim under a different provision of RESPA, § 2605(e), "plaintiffs must plead actual damages stemming from the failure to respond to requests [for information] or a pattern or practice of misconduct"
Holding that a provision that representations “shall expire on the second (2nd) anniversary of the Closing” shortened the period within which a claim could be filed
Holding that fraudulent concealment may be stated by alleging a business fiduciary relationship between defendants and plaintiffs, including a duty to disclose, which defendants breached