§Why CasetextPricing

Wagner et al v. Stiefel Laboratories, Inc. et al

RESPONSE in Opposition re MOTION for Summary Judgment

60 Cited authorities

  1. Lexmark Int'l, Inc. v. Static Control Components, Inc.

    572 U.S. 118 (2014)   Cited 3,097 times   74 Legal Analyses
    Holding that the respondent could not "obtain relief" under § 1125 "without evidence of injury proximately caused by [the petitioner's] alleged misrepresentations"

  2. Varity Corp. v. Howe

    516 U.S. 489 (1996)   Cited 2,434 times   33 Legal Analyses
    Holding that ERISA fiduciaries may have duties to disclose information about plan prospects that they have no duty, or even power, to change

  3. Massachusetts Mut. Life Ins. Co. v. Russell

    473 U.S. 134 (1985)   Cited 2,149 times   14 Legal Analyses
    Holding that a participant's action filed pursuant to ERISA § 502 must seek remedies that provide a "benefit [to] the plan as a whole"

  4. American Pipe Construction Co. v. Utah

    414 U.S. 538 (1974)   Cited 2,171 times   164 Legal Analyses
    Holding the commencement of a class action "suspends the applicable statute of limitations as to all asserted members of the class who would have been parties had the suit been permitted to continue as a class action"

  5. Craig v. Boren

    429 U.S. 190 (1976)   Cited 1,590 times   1 Legal Analyses
    Holding that sex-based classifications are subject to intermediate scrutiny under the Fourteenth Amendment's Equal Protection Clause, including because Reed v. Reed , 404 U.S. 71, 92 S.Ct. 251, 30 L.Ed.2d 225, and other equal protection cases and social changes had overtaken any "inconsistent" suggestion in Goesaert v. Cleary , 335 U.S. 464, 69 S.Ct. 198, 93 L.Ed. 163

  6. Crown, Cork Seal Co. v. Parker

    462 U.S. 345 (1983)   Cited 1,126 times   54 Legal Analyses
    Holding that the timely filing of a purported class action suit tolls the statute of limitations for putative class members who seek to either intervene in the suit or file their own individual lawsuits after class action certification has been denied

  7. LaRue v. Dewolff

    552 U.S. 248 (2008)   Cited 459 times   19 Legal Analyses
    Holding that § 1132 "does not provide a remedy for individual injuries distinct from plan injuries"

  8. Harris Tr. & Sav. Bank v. Salomon Smith Barney Inc.

    530 U.S. 238 (2000)   Cited 556 times   9 Legal Analyses
    Holding that the authorization under 29 U.S.C. § 1132 "extends to a suit against a nonfiduciary 'party in interest' to a transaction barred by [29 U.S.C. § 1106]"

  9. Bowles v. Reade

    198 F.3d 752 (9th Cir. 1999)   Cited 990 times
    Holding that a plan participant cannot settle an ERISA § 502 claim without the plan’s consent

  10. Chao v. Hall Holding Co., Inc.

    285 F.3d 415 (6th Cir. 2002)   Cited 865 times
    Holding that the trustee breached his duties when: the trustee relied on incorrect information; the trustee was generally unaware of what was going on; the trustee was not consulted on major decisions; there was no negotiation as to the stock price; there was more concern for the return on investment for the Master Trust; and the ESOP was charged several thousand dollars more so that defendants could deal in round numbers

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 339,855 times   162 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 36,582 times   1266 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

  13. Section 1132 - Civil enforcement

    29 U.S.C. § 1132   Cited 26,910 times   176 Legal Analyses
    Holding liable "[a]ny administrator" who fails to provide documents in a timely manner

  14. Section 1002 - Definitions

    29 U.S.C. § 1002   Cited 11,279 times   62 Legal Analyses
    Holding that ERISA is a federal law that sets standards of protection for individuals in most voluntarily established, private-sector retirement plans

  15. Section 1407 - Multidistrict litigation

    28 U.S.C. § 1407   Cited 7,186 times   109 Legal Analyses
    Authorizing consolidation of pretrial proceedings for related cases filed in multiple federal districts

  16. Section 1104 - Fiduciary duties

    29 U.S.C. § 1104   Cited 4,964 times   73 Legal Analyses
    Specifying duties of a "fiduciary . . . with respect to a plan"

  17. Section 1109 - Liability for breach of fiduciary duty

    29 U.S.C. § 1109   Cited 2,566 times   12 Legal Analyses
    Breaching fiduciary "shall be subject to such other equitable or remedial relief as the court may deem appropriate"

  18. Section 1106 - Prohibited transactions

    29 U.S.C. § 1106   Cited 1,249 times   14 Legal Analyses
    Prohibiting a plan administrator or a plan fiduciary from transferring to or for the benefit of a party in interest any assets of the plan

  19. Section 1113 - Limitation of actions

    29 U.S.C. § 1113   Cited 1,076 times   43 Legal Analyses
    Recognizing a six year limitations period in instances of fraud or concealment

  20. Section 1105 - Liability for breach of co-fiduciary

    29 U.S.C. § 1105   Cited 946 times   5 Legal Analyses
    Providing that a plan administrator may delegate fiduciary responsibilities if permitted by the ERISA plan