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Motion to Dismiss › Pleading Standards › Litigation Strategies

Faegre Drinker Biddle & Reath LLP

Court Dismisses TCPA Case Due to Failure to Plausibly Allege That the Defendant Made the Calls at Issue

Faegre Drinker Biddle & Reath LLP on

A recent decision out of the Eastern District of Virginia, Matthews v. Senior Life Ins. Co., provides a helpful reminder that TCPA complaints do not satisfy Rule 8’s pleading standard if they do not plausibly link the...more

Maynard Nexsen

Navigating Increased ERISA Litigation Risk Post-Cunningham: How to Protect Your Plan

Maynard Nexsen on

Under the Supreme Court’s recent decision in Cunningham v. Cornell University, No. 23-1007 (April 17, 2025), plaintiffs asserting that ERISA plan administrators engaged in prohibited transactions under ERISA Section 406 are...more

King & Spalding

Cunningham v. Cornell University: ERISA Claims Are Now Much More Costly and Difficult to Defend

King & Spalding on

In Cunningham v. Cornell University,1 the Supreme Court unanimously held that plaintiffs who bring a prohibited transaction claim under the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) are only...more

Holland & Hart - The Benefits Dial

Truck on Fire … Supreme Court Relaxes ERISA Pleading Standards

Holland & Hart - The Benefits Dial on

by Alex Smith The Supreme Court recently issued a decision regarding the pleading standards for ERISA prohibited transactions claims in a case involving Cornell’s 403(b) plan to resolve a federal circuit court split. Under...more

Miller Canfield

ERISA in the Supreme Court: Implications of Cunningham v Cornell University

Miller Canfield on

On April 17, 2025, the U.S. Supreme Court issued a unanimous opinion in Cunningham v Cornell University, addressing the pleading standard applicable to prohibited transaction claims under the Employee Retirement Income...more

Oliva Gibbs

Pleading for Help — Ohio’s Time for Twombly (and Iqbal): Ohio Supreme Court to Consider Ohio Pleading Standards in Wilson Energy,...

Oliva Gibbs on

Two companion cases from the Fourth District Court of Appeals — Wilson Energy and Bethel Oil & Gas — are currently on appeal at the Ohio Supreme Court. Both cases involve similar facts and require the resolution of the same...more

Carlton Fields

Careful What You Ask For: Think Twice Before Asking the Appellate Court to Uphold Pleadings You Failed to Fix in the Trial Court

Carlton Fields on

In Jackson v. Bank of America, N.A., 898 F.3d 1348, 1358 (11th Cir. 2018), the Eleventh Circuit reminded appellate lawyers that just because they can appeal a case does not necessarily mean they should....more

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