10 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 260,142 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 273,590 times 368 Legal Analyses
Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
DelCostello v. Teamsters
462 U.S. 151 (1983) Cited 3,344 times
Holding that a claim for breach of the duty of fair representation must be filed within six months after it accrues
Vaca v. Sipes
386 U.S. 171 (1967) Cited 4,196 times 2 Legal Analyses
Holding that, under the LMRA, an "individual employee has absolute right to have his grievance taken to arbitration regardless of the provisions of the applicable collective bargaining agreement"
Air Line Pilots v. O'Neill
499 U.S. 65 (1991) Cited 1,070 times 4 Legal Analyses
Holding that this rule "applies to all union activity"
McCall v. Burlington Northern/Santa Fe Co.
237 F.3d 506 (5th Cir. 2000) Cited 78 times
Holding that representations that are true when made are not material misrepresentations
Barrett v. Ebasco Constructors, Inc.
868 F.2d 170 (5th Cir. 1989) Cited 33 times
No. 88-2806. Summary Calendar. March 22, 1989. Gerson D. Bloom, Galveston, Tex., for plaintiff-appellant. Samuel E. Hooper, Neel, Hooper Kalman, Houston, Tex., for Ebasco. Victor J. Bieganowski, Houston, Tex., for United Local Union. Appeal from the United States District Court for the Southern District of Texas. Before CLARK, Chief Judge, JOHNSON and JOLLY, Circuit Judges. E. GRADY JOLLY, Circuit Judge: The sole issue we decide on this appeal is when the statute of limitations began to run on Barrett's
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. . . ."
Section 1001 - Congressional findings and declaration of policy
29 U.S.C. § 1001 Cited 20,656 times 59 Legal Analyses
Noting that ERISA was enacted “to protect ... employee benefit plans and their beneficiaries”

Torrence v. New Orleans Electrical Pension And Annuity Plan et al

10 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

Holding that a claim for breach of the duty of fair representation must be filed within six months after it accrues

Holding that, under the LMRA, an "individual employee has absolute right to have his grievance taken to arbitration regardless of the provisions of the applicable collective bargaining agreement"

Holding that this rule "applies to all union activity"

Holding that representations that are true when made are not material misrepresentations

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. . . ."

Noting that ERISA was enacted “to protect ... employee benefit plans and their beneficiaries”