1. Home
  2. Browse Decisions
  3. F.3d
  4. 712 F.3d
  5. 712 F.3d 705 (2013)
 

PENSION BEN. EX REL. ST. VINCENT v. MORGAN STANLEY

Docket No. 10-4497-cv.

712 F.3d 705 (2013)

PENSION BENEFIT GUARANTY CORP., on behalf of SAINT VINCENT CATHOLIC MEDICAL CENTERS RETIREMENT PLAN, Saint Vincent Catholic Medical Centers, Queensbrook Insurance Ltd., Plaintiffs-Appellants, v. MORGAN STANLEY INVESTMENT MANAGEMENT INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: April 2, 2013.

Attorney(s) appearing for the Case

Eric B. Fisher , Dickstein Shapiro LLP, New York, NY; ( Israel Goldowitz , Chief Counsel; Charles L. Finke , Deputy Chief Counsel; Joel W. Ruderman , Assistant Chief Counsel; Kelly R. Cusick , Attorney; Scott Wagner , Attorney, on the brief), Office of Chief Counsel, Pension Benefit Guaranty Corporation, Washington, DC; ( Judith Starr , General Counsel; Kenneth Cooper , Assistant General Counsel; Greg Matisoff , Attorney, on the brief), Office of General Counsel, Pension Benefit Guaranty Corporation, Washington, DC, for Plaintiffs-Appellants.

Richard A. Rosen ( Andrew W. Amend , on the brief), Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, NY, for Defendant-Appellee.

Judge STRAUB dissents in part and concurs in part in a separate opinion.

JOSÉ A. CABRANES, Circuit Judge:

In this appeal we consider the degree of factual detail needed in a complaint in order to present nonconclusory and plausible allegations that a pension plan administrator purchased and continued to hold certain mortgage-backed securities in violation of its fiduciary duties under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq.

In an effort "to ensure that employees will...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases