28 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 257,305 times 280 Legal Analyses
Holding for a complaint to survive Rule 12(b), it must "state a claim to relief that is plausible on its face"
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 270,937 times 367 Legal Analyses
Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
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"
GEE v. PACHECO
627 F.3d 1178 (10th Cir. 2010) Cited 1,652 times
Holding that a failure to provide adequate treatment in response to a prisoner's self-diagnosed ailments does not amount to a constitutional violation
Dias v. City & County of Denver
567 F.3d 1169 (10th Cir. 2009) Cited 658 times
Holding plaintiffs lacked standing where they did not allege a credible threat of future prosecution
Bixler v. Foster
596 F.3d 751 (10th Cir. 2010) Cited 522 times 1 Legal Analyses
Holding "[t]o survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim for relief that is plausible on its face"
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
Held v. Manufacturers Hanover Leasing Corp.
912 F.2d 1197 (10th Cir. 1990) Cited 159 times 1 Legal Analyses
Holding that "an ERISA action for benefits is analogous to a state-law action upon a contract," and applying state-law statute of limitations
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 351,086 times 937 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 41 - Dismissal of Actions
Fed. R. Civ. P. 41 Cited 110,621 times 197 Legal Analyses
Holding that such dismissal "operates as an adjudication on the merits"
Rule 3 - Commencing an Action
Fed. R. Civ. P. 3 Cited 3,006 times 5 Legal Analyses
Stating that once the inmate has filed his motion with the clerk, "[t]he clerk must file the motion and enter it on the criminal docket of the case in which the challenged judgment was entered"
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

Tandy v. Voya Financial, Inc. et al

28 Cited authorities

Holding for a complaint to survive Rule 12(b), it must "state a claim to relief that is plausible on its face"

Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

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 failure to provide adequate treatment in response to a prisoner's self-diagnosed ailments does not amount to a constitutional violation

Holding plaintiffs lacked standing where they did not allege a credible threat of future prosecution

Holding "[t]o survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim for relief that is plausible on its face"

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 "an ERISA action for benefits is analogous to a state-law action upon a contract," and applying state-law statute of limitations

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 such dismissal "operates as an adjudication on the merits"

Stating that once the inmate has filed his motion with the clerk, "[t]he clerk must file the motion and enter it on the criminal docket of the case in which the challenged judgment was entered"

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