28 Cited authorities

United States v. Bestfoods
524 U.S. 51 (1998) Cited 1,433 times 22 Legal Analyses
Holding that ownership and control is insufficient to demonstrate an alter-ego relationship
Patterson v. Shumate
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"
Daniels v. United Parcel Serv., Inc.
701 F.3d 620 (10th Cir. 2012) Cited 323 times 1 Legal Analyses
Holding that a claim involving failure to promote does not constitute an "other practice" because it is not "compensation related"
Davidson v. America Online, Inc.
337 F.3d 1179 (10th Cir. 2003) Cited 419 times 1 Legal Analyses
Holding a continuing violation claim fails if one knew or through exercise of reasonable diligence would have known of his injury
Martin v. Nannie and the Newborns, Inc.
3 F.3d 1410 (10th Cir. 1993) Cited 393 times
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"
Novella v. Westchester County
661 F.3d 128 (2d Cir. 2011) Cited 171 times 5 Legal Analyses
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
Toone v. Wells Fargo Bank, N.A.
716 F.3d 516 (10th Cir. 2013) Cited 157 times
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"
David v. Alphin
704 F.3d 327 (4th Cir. 2013) Cited 139 times 15 Legal Analyses
Holding that a statutory violation alone is not enough
State St. Bk. and Tr. Co. v. Denman Tire Corp.
240 F.3d 83 (1st Cir. 2001) Cited 106 times
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
In re Fruehauf Trailer Corp.
250 B.R. 168 (D. Del. 2000) Cited 102 times
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
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 354,229 times 943 Legal Analyses
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
Fed. R. Civ. P. 8 Cited 160,289 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,551 times 328 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 1132 - Civil enforcement
29 U.S.C. § 1132 Cited 26,548 times 173 Legal Analyses
Holding liable "[a]ny administrator" who fails to provide documents in a timely manner
Section 1113 - Limitation of actions
29 U.S.C. § 1113 Cited 1,050 times 43 Legal Analyses
Recognizing a six year limitations period in instances of fraud or concealment

Tandy v. Voya Financial, Inc. et al

28 Cited authorities

Holding that ownership and control is insufficient to demonstrate an alter-ego relationship

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 a claim involving failure to promote does not constitute an "other practice" because it is not "compensation related"

Holding a continuing violation claim fails if one knew or through exercise of reasonable diligence would have known of his injury

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 statutory violation alone is not enough

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

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

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

Requiring that fraud be pleaded with particularity

Holding liable "[a]ny administrator" who fails to provide documents in a timely manner

Recognizing a six year limitations period in instances of fraud or concealment