Legal Opinion

Stoffels ex rel. SBC Concession Plan v. SBC Communications, Inc.

District Court, W.D. Texas

Decided February 3, 2006No. CIV.A.SA-05CA0233WWJPublishedCited by 15 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

JUSTICE, Senior District Judge.

Before the Court for consideration is Defendant’s Motion to Dismiss. Defendant moves the Court to dismiss the Plaintiffs’ First Amended Class Action Complaint (“Complaint”), for failure to state a claim upon which relief can be granted, pursuant to FED. R. CIV. P. 12(b)(6). For the reasons stated herein, Defendant’s motion will be DENIED.

BACKGROUND

I. Legal Framework and Parties

This is a civil enforcement action brought under section 502(a)(1)(B), (a)(2), (a)(3) and (c)(3) of the Employee Retirement Income Security Act of 1974…

2Cases cited7 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Brown v. Nationsbank Corp.Court of Appeals for the Fifth Circuit · 1999
  3. J. P. Murphy v. Inexco Oil Company, J. P. Murphy v. Inexco Oil CompanyCourt of Appeals for the Fifth Circuit · 1980
  4. Hall v. ThomasCourt of Appeals for the Fifth Circuit · 1999
  5. Musmeci v. Schwegmann Giant Super Markets, Inc.Court of Appeals for the Fifth Circuit · 2003

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3Cited by15 opinions

  1. Nichols Ex Rel. Alcatel Network Systems Salaried Retirees Benefit Program v. Alcatel USA, Inc.Court of Appeals for the Fifth Circuit · 2008
  2. Lindsey v. United StatesDistrict Court, District of Columbia · 2006
  3. Cypress/Spanish Fort I, L.P. v. Professional Service Industries, Inc.District Court, N.D. Texas · 2011
  4. Morrison v. Amway Corp. (In Re Morrison)United States Bankruptcy Court, S.D. Texas · 2009
  5. Rathbun v. Qwest Communications International, Inc.District Court, D. Colorado · 2006

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