Krueger v. Ameriprise Financial, Inc. - Blog

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CASE 0:11-cv-02781-SRN-JSM Document 67 Filed 11/20/12 Page 14 of 44 Evaluation of the sufficiency of a complaint upon a motion to dismiss is “a context-specific task that requires the reviewing court to draw on its judicial experience and common sense.” Id. (quoting Iqbal, 556 U.S. at 679). A court may consider the complaint, matters of public record, orders, materials embraced by the complaint, and exhibits attached to the complaint in deciding a motion to dismiss under Rule 12(b)(6). Porous MediaCorp. v. Pall Corp., 186 F.3d 1077, 1079 (8th Cir. 1999). B. ERISA The federal Employee Retirement Income Security Act of 1974, 88 Stat. 829, as amended, 29 U.S.C. § 1001 et seq. (“ERISA”), regulates plans providing employees with fringe benefits. Shaw v. Delta Air Lines, Inc., 463 U.S. 85, 90 (1983). “ERISA is a comprehensive statute designed to promote the interests of employees and their beneficiaries in employee benefit plans.” Shaw, 463 U.S. at 90. Courts must be “attendant to ERISA’s remedial purpose and evident intent to prevent through private civil litigation ‘misuse and mismanagement of plan assets.’” Braden, 588 F.3d at 597 (quoting Mass. Mut. Life Ins. Co. v. Russell, 473 U.S. 137, 140 n.8, 142 n.9 (1985)). “Congress enacted ERISA to regulate comprehensively certain employee benefit plans and ‘to protect the interest of participants in these plans by establishing standards of conduct, responsibility, and obligations for fiduciaries.’” Prudential Ins. Co. of Am. v. Nat’l Park Med. Ctr., Inc., 413 F.3d 897, 906–07 (8th Cir. 2005) (citations omitted). Congress intended that private individuals would play an important role in enforcing ERISA’s fiduciary duties—duties which have been described as “the highest known to the law.” Braden, 588 F.3d at 598 (quoting Donovan v. Bierwirth, 680 F.2d 14
CASE 0:11-cv-02781-SRN-JSM Document 67 Filed 11/20/12 Page 15 of 44 263, 272 n.8 (2d Cir. 1982)). 4 In giving effect to this intent, the Eighth Circuit has stated that courts “must be cognizant of the practical context of ERISA litigation.” Id. ERISA plaintiffs generally lack the inside information necessary to make out their claims in detail unless and until discovery commences. Id. Thus, “while a plaintiff must offer sufficient factual allegations to show that he or she is not merely engaged in a fishing expedition or strike suit, we must also take account of their limited access to crucial information.” Id. “If plaintiffs cannot state a claim without pleading facts which tend systemically to be in the sole possession of defendants, the remedial scheme of the statute will fail, and the crucial rights secured by ERISA will suffer.” Id. Thus, it is “sufficient for a plaintiff to plead facts indirectly showing unlawful behavior, so long as the facts pled ‘give the defendant fair notice of what the claim is and the grounds upon which it rests,’ and ‘allow the court to draw the reasonable inference’ that the plaintiff is entitled to relief.” Id. (quoting Iqbal, 556 U.S. at 678). These considerations counsel a careful evaluation of an ERISA complaint’s factual allegations before determining whether they support a plausible inference that the plaintiff is entitled to relief. C. Breach of Fiduciary Duties of Prudence and Loyalty Count I alleges that Defendants breached the fiduciary duties of prudence and loyalty imposed upon them by 29 U.S.C. § 1104. To state a claim under this provision, a 4 The Secretary of Labor, who is charged with enforcing ERISA, depends in part on private litigation to ensure compliance with the statute. Braden, 588 F.3d at 597 n.8. The Secretary has expressed concern over the erection of “unnecessarily high pleading standards” in ERISA cases. Id. 15
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Krueger v. Ameriprise Financial, Inc. - Blog

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