§Why CasetextPricing

Whitley v. J.P. Morgan Chase & Co. et al

MEMORANDUM OF LAW in Opposition re: 49 MOTION to Dismiss First Amended Complaint.. Document

49 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,314 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. Varity Corp. v. Howe

    516 U.S. 489 (1996)   Cited 2,382 times   32 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. Pegram v. Herdrich

    530 U.S. 211 (2000)   Cited 1,348 times   11 Legal Analyses
    Holding that there was "jurisdiction regardless of the correctness of the removal" because the "amended complaint alleged ERISA violations, over which the federal courts have jurisdiction"

  4. Braden v. Wal-Mart Stores

    588 F.3d 585 (8th Cir. 2009)   Cited 1,856 times   6 Legal Analyses
    Holding fiduciary had duty to disclose "complete and accurate material information about the Plan funds and the process by which they were selected"

  5. Mills v. Polar Molecular Corp.

    12 F.3d 1170 (2d Cir. 1993)   Cited 1,540 times   1 Legal Analyses
    Holding that fraudulent intent could not be inferred from the defendant entering multiple contracts with a plaintiff and not performing on any of them since "[c]ontractual breach, in and of itself, does not bespeak fraud"

  6. Wal-Mart Stores, Inc. v. Visa U.S.A., Inc.

    396 F.3d 96 (2d Cir. 2005)   Cited 755 times   1 Legal Analyses
    Holding that decision to grant or reject objector's motion for discovery regarding fairness of settlement depended on "whether or not the District Court had before it sufficient facts intelligently to approve the settlement offer"

  7. Nechis v. Oxford Health Plans, Inc.

    421 F.3d 96 (2d Cir. 2005)   Cited 611 times   1 Legal Analyses
    Holding insurer need not disclose its cost-reduction strategies because it had "no duty to disclose to plan participants information additional to that required by ERISA"

  8. Taylor v. Vermont Dept. of Educ

    313 F.3d 768 (2d Cir. 2002)   Cited 564 times
    Holding that school district was not entitled to sovereign immunity

  9. Fallick v. Nationwide Mutual Insurance Company

    162 F.3d 410 (6th Cir. 1998)   Cited 421 times
    Holding that, "once the district court correctly determined that Fallick had standing to bring suit under ERISA against Nationwide with respect to its application of reasonable and customary limitations to its determination of medical benefits - a methodology which, by Nationwide's own admission, it employs in all the benefits plans which Fallick wishes to include under the aegis of the proposed class - the court should then have analyzed whether Fallick satisfied the criteria of Rule 23 with respect to the absent class members"

  10. Moench v. Robertson

    62 F.3d 553 (3d Cir. 1995)   Cited 315 times   49 Legal Analyses
    Holding that fiduciaries of Employee Stock Option Plans can be held liable under ERISA in limited circumstances

  11. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 34,889 times   1234 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"

  12. Section 1002 - Definitions

    29 U.S.C. § 1002   Cited 11,035 times   60 Legal Analyses
    Holding that ERISA is a federal law that sets standards of protection for individuals in most voluntarily established, private-sector retirement plans

  13. Section 1104 - Fiduciary duties

    29 U.S.C. § 1104   Cited 4,823 times   72 Legal Analyses
    Specifying duties of a "fiduciary . . . with respect to a plan"