20 F. Supp. 3d 133 - Fox v. McCormick’s Empirical Analysis
2013
Citation profile
Relationships
Applies 29 U.S.C. § 1 · 29 U.S.C. § 1001 (§ 2 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1002 (§ 3 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1106 (§ 406 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1109 (§ 409 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1132 (§ 502 of the Employee Retirement Income Security Act of 1974)
Relies on Lujan v. Defenders of Wildlife · Warth v. Seldin · Baker v. Carr · Friends of the Earth Incorporateds v. Laidlaw Environmental Services Inc · Massachusetts Mutual Life Insurance v. Russell
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Plaintiffs try to make up for this deficiency by alleging that the Benefit Accrual Rate, and, thus, their pensions, would have increased if Trustees had acted properly and timely pursued the missing contributions. However, the best they can muster is that a history of period adjustments to the Benefit Accrual Rate makes it “likely that [Trustees] will [adjust the Benefit Accrual Rate] again when there is a triggering change in financial health of the Plan. Plaintiffs essentially concede that a change in the Benefit Accrual Rate is a matter of Trustee discretion and is neither automatic nor guaranteed even if the Central Pension Fund receives additional funding. Establishing that a judicial decision is likely to redress a claimed injury becomes “substantially more difficult” where the plaintiff, as here, cannot realize remediation of his injury without discretionary intervention by an independent actor. Trustee discretion in setting the Benefit Accrual Rate makes Plaintiffs’ claims too speculative to support Article III standing.”
1 later decision quote this exact passage · from the dissent“frame[d] the resulting injuries in terms of an alleged reduction of fund assets and their own monthly pension benefits. Specifically, Plaintiffs contend that uncollected contributions “reduce[dj the financial resources of the [Central Pension Fund],” “depriving the [Fund] of assets owed to the plan.” According to Plaintiffs, this has resulted in a depression of the Benefit Accrual Rate and, ultimately, Plaintiffs’ monthly pension benefits. In other words, Plaintiffs argue that the Fund is diminished and their pension benefits would be greater but for Trustees’ failure to collect contributions from [the employers].”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.