Skip to main content
· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.