Legal Opinion

Tool v. National Employee Benefit Services, Inc.

District Court, N.D. California

Decided November 18, 1996No. C96-0296 MHPPublishedCited by 11 opinions

1Opinion of the Court

ORDER

PATEL, District Judge.

Plaintiffs are two profit sharing plans, four participants in those plans and two employers who have made contributions to the plans. They bring this action against defendants Massachusetts Mutual Life Insurance Company (“MassMutual”) and others alleging that the defendants violated sections 409 and 502 of the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. §§ 1109 and 1132. However, MassMutual has filed a motion to dismiss for failure to state a claim.

In opposition to the motion to dismiss, plaintiffs craft their allegations as: (1) Mass-Mutual…

2Cases cited21 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  3. Cort v. AshSupreme Court of the United States · 1975
  4. Massachusetts Mutual Life Insurance v. RussellSupreme Court of the United States · 1985
  5. Usery v. Turner Elkhorn Mining Co.Supreme Court of the United States · 1976

16 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. In Re Cardinal Health, Inc. ERISA LitigationDistrict Court, S.D. Ohio · 2006
  2. Howell v. Motorola, Inc.District Court, N.D. Illinois · 2004
  3. Midwest Community Health Service, Inc., Now Known as Silver Cross Health System v. American United Life Insurance Co.Court of Appeals for the Seventh Circuit · 2001
  4. Miller v. Mellon Long Term Disability PlanDistrict Court, W.D. Pennsylvania · 2010
  5. Carr v. International Game TechnologyDistrict Court, D. Nevada · 2011

6 more not listed; retrieve them via the Exa API.

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