· 11/25/2009
Braden v. Wal-Mart Stores, Inc.
Citations
- 588 F.3d 585
- 48 Employee Benefits Cas. (BNA) 1097
- 2009 U.S. App. LEXIS 25810
- 2009 WL 4062105
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the district court erred by requiring that plaintiff “to rule out potential lawful explanations for [the fiduciaries’] conduct”
- holding that factual assertions are accepted as true and inferences are drawn in favor of the nonmoving party
- recognizing that “Rule 8 does not, however, require a plaintiff to plead ‘specific facts’ explaining precisely how the defendant’s conduct was unlawful.”
- holding that, although the defendants “could have chosen funds with higher fees for various reasons,” “Rule 8 does not require a plaintiff to plead facts tending to rebut all possible lawful explanations for a defendant’s conduct”
- holding that a plaintiff had standing to seek relief for the period before his participation in the plan because the same alleged breaches nevertheless caused injury to his personal account
- concluding that a reasonable trier of fact could find that failure to disclose certain information would mislead a reasonable participant in the process of making investment decisions under the Plan
Source: CourtListener parenthetical corpus (CC0).
Judges: Murphy, Bright, Riley
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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