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Wilson v. North American Philips Lighting Corporation

MOTION to Dismiss for Failure to State a Claim ; Alternatively, to Dismiss for Failure to Exhaust Adminstrative Prerequisites

11 Cited authorities

  1. Swierkiewicz v. Sorema N.A.

    534 U.S. 506 (2002)   Cited 17,380 times   20 Legal Analyses
    Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"

  2. Aetna Health Inc. v. Davila

    542 U.S. 200 (2004)   Cited 2,795 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

  3. Weiner v. Klais and Co., Inc.

    108 F.3d 86 (6th Cir. 1997)   Cited 1,704 times
    Holding that a document incorporated by reference in a complaint can be introduced by a defendant if it is not attached by plaintiff

  4. Nieman v. NLO, Inc.

    108 F.3d 1546 (6th Cir. 1997)   Cited 390 times   1 Legal Analyses
    Holding that Price-Anderson preempted state law trespass claim such that plaintiff could "sue under the Price-Anderson Act, as amended, or not at all."

  5. Briscoe v. Fine

    444 F.3d 478 (6th Cir. 2006)   Cited 171 times   2 Legal Analyses
    Holding that a party that "had the power to write checks on the plan account . . . and exercised that power" was a fiduciary because it exercised control over plan assets

  6. Freeman Management v. Shurgard Storage Centers

    461 F. Supp. 2d 629 (M.D. Tenn. 2006)   Cited 47 times
    Holding that civil conspiracy is a means to establish vicarious liability in tort for a breach of contract

  7. Hagen v. VPA, Inc.

    428 F. Supp. 2d 708 (W.D. Mich. 2006)   Cited 3 times

    No. 1:05-cv-708. April 19, 2006. James R. Rinck, Grand Rapids, MI, for Plaintiff. John Patrick White, Varnum Riddering Schmidt Howlett LLP, Grand Rapids, MI, for Defendant. OPINION AND ORDER MILES, Senior District Judge. Plaintiff filed this action under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001, et seq. This matter is before the Court on Defendant's Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) (dkt. #6). Plaintiff has responded to the

  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 362,607 times   962 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 164,455 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. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 20,661 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

  11. Section 1144 - Other laws

    29 U.S.C. § 1144   Cited 7,049 times   53 Legal Analyses
    Saving clause