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· 9/17/2010

Goldenberg v. Indel, Inc.

Citations

  • 741 F. Supp. 2d 618
  • 50 Employee Benefits Cas. (BNA) 1718
  • 2010 U.S. Dist. LEXIS 97599
  • 2010 WL 3732974

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that presumption of truth does not apply to factual allegations contradicted by documents attached to the complaint
  • holding that, under § 1104(a)(1)(D), plaintiffs adequately alleged a violation of an IPS where the IPS mandated “Specific Asset Allocation” and contained a “restricted investment” provision
  • noting that “Defendants correctly argue that [Rule] 17(b) only gives unincorporated associations the capacity to make and be subject to federal claims”
  • dismissing state-law claims where plaintiff clearly expressed intention to do so in brief’s heading, as Plaintiff does here
  • “A bare comparison of fees between different kinds of service providers is an insufficient factual basis for a claim of breach of fiduciary duty.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Simandle

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.