§Why CasetextPricing

Williams v. Specialty Tank Services Ltd et al

Motion to Dismiss for Failure to State a Claim

39 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,461 times   365 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  2. Harlow v. Fitzgerald

    457 U.S. 800 (1982)   Cited 31,484 times   11 Legal Analyses
    Holding that public officials are entitled to a "qualified immunity" from "liability for civil damages insofar as their conduct does not violate clearly established . . . rights of which a reasonable person would have known"

  3. Scheuer v. Rhodes

    416 U.S. 232 (1974)   Cited 22,283 times   3 Legal Analyses
    Holding that executive branch officers had qualified immunity

  4. Aetna Health Inc. v. Davila

    542 U.S. 200 (2004)   Cited 2,703 times   30 Legal Analyses
    Holding that states cannot create new causes of action that conflict with ERISA's " ‘interlocking, interrelated, and interdependent remedial scheme,’ " located in § 502 of ERISA

  5. Metro. Life Ins. Co. v. Taylor

    481 U.S. 58 (1987)   Cited 4,445 times   7 Legal Analyses
    Holding that § 1144 preempts state common law claims

  6. Ramming v. U.S.

    281 F.3d 158 (5th Cir. 2001)   Cited 3,362 times
    Holding that a court ruling on a Rule 12(b) motion may evaluate “ the complaint alone, the complaint supplemented by undisputed facts evidenced in the record, or the complaint supplemented by undisputed facts plus the court's resolution of disputed facts”

  7. California Labor Stds. Enf. v. Dillingham Constr

    519 U.S. 316 (1997)   Cited 724 times   12 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

  8. Lone Star Fund v. Barclays Bank

    594 F.3d 383 (5th Cir. 2010)   Cited 1,860 times
    Holding that a court considering a Rule 12(b) motion is "limited to the complaint, any documents attached to the complaint, and any documents attached to the motion to dismiss that are central to the claim and referenced by the complaint"

  9. Baker v. Putnal

    75 F.3d 190 (5th Cir. 1996)   Cited 2,539 times
    Holding that disputed issues of fact precluded summary judgment on qualified immunity grounds where officer asserted that victim "was holding a semi-automatic pistol, loaded the pistol with ammunition, and leveled it at him from the passenger's side of the vehicle," but three witnesses testified that victim "took no threatening action toward" the officer, and officer and witnesses’ accounts conflicted whether the officer had issued any orders to the victim before shooting and disputed whether the victim "was even holding the pistol or pointing it at" the officer

  10. Cuvillier v. Taylor

    503 F.3d 397 (5th Cir. 2007)   Cited 1,382 times
    Holding that "to survive a Rule 12(b) motion to dismiss, a complaint 'does not need detailed factual allegations,' but must provide the plaintiff's grounds for entitlement to relief-including factual allegations that when assumed to be true 'raise a right to relief above the speculative level.'" (quoting Twombly, 550 U.S. at 555)

  11. 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 345,715 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 1132 - Civil enforcement

    29 U.S.C. § 1132   Cited 26,271 times   169 Legal Analyses
    Holding liable "[a]ny administrator" who fails to provide documents in a timely manner

  13. Section 1001 - Congressional findings and declaration of policy

    29 U.S.C. § 1001   Cited 20,519 times   59 Legal Analyses
    Noting that ERISA was enacted “to protect ... employee benefit plans and their beneficiaries”

  14. Section 1002 - Definitions

    29 U.S.C. § 1002   Cited 11,037 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

  15. Section 1144 - Other laws

    29 U.S.C. § 1144   Cited 6,974 times   52 Legal Analyses
    Saving clause