28 Cited authorities

  1. United States v. Bestfoods

    524 U.S. 51 (1998)   Cited 1,428 times   22 Legal Analyses
    Holding that ownership and control is insufficient to demonstrate an alter-ego relationship
  2. Patterson v. Shumate

    504 U.S. 753 (1992)   Cited 903 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"
  3. Daniels v. United Parcel Serv., Inc.

    701 F.3d 620 (10th Cir. 2012)   Cited 319 times   1 Legal Analyses
    Holding that a claim involving failure to promote does not constitute an "other practice" because it is not "compensation related"
  4. Davidson v. America Online, Inc.

    337 F.3d 1179 (10th Cir. 2003)   Cited 417 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
  5. 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"
  6. Novella v. Westchester County

    661 F.3d 128 (2d Cir. 2011)   Cited 170 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
  7. Toone v. Wells Fargo Bank, N.A.

    716 F.3d 516 (10th Cir. 2013)   Cited 155 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"
  8. David v. Alphin

    704 F.3d 327 (4th Cir. 2013)   Cited 138 times   15 Legal Analyses
    Holding that a statutory violation alone is not enough
  9. 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
  10. 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
  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 350,190 times   936 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 158,445 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,246 times   323 Legal Analyses
    Requiring that fraud be pleaded with particularity
  14. Section 1132 - Civil enforcement

    29 U.S.C. § 1132   Cited 26,419 times   171 Legal Analyses
    Holding liable "[a]ny administrator" who fails to provide documents in a timely manner
  15. Section 1113 - Limitation of actions

    29 U.S.C. § 1113   Cited 1,048 times   43 Legal Analyses
    Recognizing a six year limitations period in instances of fraud or concealment