Legal Opinion

Elena David v. J. Alphin

Court of Appeals for the Fourth Circuit

Decided January 14, 2013No. 11-2181PublishedCited by 116 opinions

1Opinion of the Court

Affirmed by published opinion. Judge DAVIS wrote the opinion, in which Judge NIEMEYER and Judge SHEDD joined.

OPINION

DAVIS, Circuit Judge:

Appellants, Elena M. David, Arleen J. Stach, and Victor Hernandez, are the named representatives of a putative class of participants in two retirement plans sponsored by the Bank of America Corporation (“BOA” or “the Bank”). They brought this civil enforcement action under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq., alleging that Appellees, the Bank and individual members of the Bank’s Corporate Benefits…

2Cases cited29 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  4. Foman v. DavisSupreme Court of the United States · 1962
  5. Massachusetts Mutual Life Insurance v. RussellSupreme Court of the United States · 1985

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3Cited by116 opinions

  1. Southern Walk at Broadlands Homeowner's Ass'n v. OpenBand at Broadlands, LLCCourt of Appeals for the Fourth Circuit · 2013
  2. Thole v. U. S. Bank N. A.Supreme Court of the United States · 2020
  3. Richard Beck v. Robert McDonaldCourt of Appeals for the Fourth Circuit · 2017
  4. Josh Finkelman v. National Football LeagueCourt of Appeals for the Third Circuit · 2016
  5. Niya Kenny v. Alan WilsonCourt of Appeals for the Fourth Circuit · 2018

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