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Templin et al v. Independence Blue Cross et al

Memorandum in Opposition to DEFENDANTS' INDEPENDENCE BLUE CROSS & QCC INSURANCE COMPANY'S 20 MOTION to Dismiss the First Amended Complaint

23 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,119 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 265,111 times   364 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' "

  3. Metro. Life Ins. Co. v. Glenn

    554 U.S. 105 (2008)   Cited 3,094 times   35 Legal Analyses
    Holding that this sort of "dual role" conflict did not permit "a change in the standard of review, say, from deferential to de novo review," but instead was simply to be weighed as a factor in the abuse-of-discretion analysis

  4. Fowler v. UPMC Shadyside

    578 F.3d 203 (3d Cir. 2009)   Cited 14,019 times   4 Legal Analyses
    Holding that the district court did not abuse its discretion "in denying a motion for a class action determination which was untimely under the local rule"

  5. Mitchell v. Eastman Kodak Company

    113 F.3d 433 (3d Cir. 1997)   Cited 449 times
    Holding that we review the record in its entirety

  6. Daniel v. Eaton Corp.

    839 F.2d 263 (6th Cir. 1988)   Cited 443 times   1 Legal Analyses
    Holding that the proper party in an ERISA action concerning benefits is the party "shown to control administration of the plan"

  7. Harrow v. Prudential Ins. Co. of America

    279 F.3d 244 (3d Cir. 2002)   Cited 255 times
    Holding that exhaustion is required when the facts alleged do not present a breach of fiduciary duty claim independent of a benefits claim

  8. Graden v. Conexant

    496 F.3d 291 (3d Cir. 2007)   Cited 215 times   1 Legal Analyses
    Holding that, under ERISA, "participant" is a "distinct term[] of art" that "refers to an employee or former employee who takes part in his employer's plan."

  9. Taft v. Equitable Life Assurance Society

    9 F.3d 1469 (9th Cir. 1993)   Cited 293 times
    Holding that "[t]he beneficiary of an ERISA plan may bring a civil action against a plan administrator" to recover benefits under § 1132(B)

  10. Burstein v. Retirement Plan, Allegheny Health

    334 F.3d 365 (3d Cir. 2003)   Cited 201 times   1 Legal Analyses
    Holding that terms of summary plan description governed over conflicting plan language even where it provided that the plan would govern in the event of any differences between the documents

  11. Section 2560.503-1 - Claims procedure

    29 C.F.R. § 2560.503-1   Cited 2,813 times   77 Legal Analyses
    Adopting the requirements of 29 C.F.R. § 2560.503-1