16 Cited authorities

  1. Pilot Life Ins. Co. v. Dedeaux

    481 U.S. 41 (1987)   Cited 3,733 times   11 Legal Analyses
    Holding that civil enforcement scheme codified at § 502 is not to be supplemented by state law remedies
  2. California Labor Stds. Enf. v. Dillingham Constr

    519 U.S. 316 (1997)   Cited 737 times   11 Legal Analyses
    Holding that ERISA did not pre-empt a California statute that incentivized, but did not require, plans to follow certain standards for apprenticeship programs
  3. Pane v. RCA Corp.

    868 F.2d 631 (3d Cir. 1989)   Cited 245 times
    Holding that a plan-participant group comprising less than one-tenth of one percent of the workforce was numerically select
  4. Lass v. Bank of Am., N.A.

    695 F.3d 129 (1st Cir. 2012)   Cited 119 times   1 Legal Analyses
    Holding that a plaintiff may "plead alternative and even inconsistent legal theories, such as breach of contract and unjust enrichment, even if Plaintiffs only can recover under one of these theories"
  5. Patco Constr. Co. v. People's United Bank

    684 F.3d 197 (1st Cir. 2012)   Cited 66 times   9 Legal Analyses
    Granting summary judgment in favor of defendant bank on negligence claim, finding it inconsistent with Section 4–A–202 even while holding that the agreed-upon security procedure was commercially unreasonable
  6. Medisim Ltd. v. Bestmed LLC

    910 F. Supp. 2d 591 (S.D.N.Y. 2012)   Cited 40 times
    Ruling on the parties' cross motions for summary judgment
  7. Pane v. RCA Corp.

    667 F. Supp. 168 (D.N.J. 1987)   Cited 57 times
    Finding claim that employer violated agreement to provide employee with severance agreement was preempted, regardless of whether employee was actually covered by severance agreement
  8. Coleman v. Standard Life Ins. Co.

    288 F. Supp. 2d 1116 (E.D. Cal. 2003)   Cited 22 times   1 Legal Analyses
    Denying motion to dismiss state claims before determining whether ERISA applied
  9. Nelson v. HNTB Corporation

    No. 05CV422 (MRK) (D. Conn. Aug. 8, 2006)   Cited 11 times
    Holding that the sworn affidavits of parties asserting joint authorship along with one of those two individual's names listed on the certificate of registration raised a genuine issue of material fact sufficient to preclude summary judgment under intent requirement of joint authorship
  10. In re Crazy Eddie Securities Litigation

    747 F. Supp. 850 (E.D.N.Y. 1990)   Cited 28 times
    Declining to extend American Pipe tolling to a “placeholder suit” where the original plaintiff lacked standing
  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,084 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."