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

MOTION to Dismiss for Failure to State a Claim

10 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,882 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 277,112 times   369 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

  3. DelCostello v. Teamsters

    462 U.S. 151 (1983)   Cited 3,352 times
    Holding that a claim for breach of the duty of fair representation must be filed within six months after it accrues

  4. Vaca v. Sipes

    386 U.S. 171 (1967)   Cited 4,205 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"

  5. Air Line Pilots v. O'Neill

    499 U.S. 65 (1991)   Cited 1,074 times   4 Legal Analyses
    Holding that this rule "applies to all union activity"

  6. McCall v. Burlington Northern/Santa Fe Co.

    237 F.3d 506 (5th Cir. 2000)   Cited 79 times
    Holding that representations that are true when made are not material misrepresentations

  7. 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

  8. 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 358,269 times   949 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  9. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,307 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  10. Section 1001 - Congressional findings and declaration of policy

    29 U.S.C. § 1001   Cited 20,728 times   59 Legal Analyses
    Noting that ERISA was enacted “to protect ... employee benefit plans and their beneficiaries”