Charles Deboard’s Empirical Analysis

Citation profile

10 district ·

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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “For informational purposes only, this letter serves to advise you and your spouse of insurance entitlements which you would be eligible to receive should you voluntarily elect to retire during the window period under the Rule of 70 plan (the “Plan”). First, the Plan provides that you and your eligible dependents would be entitled to receive health care under our current group hospitalization plan with Massachusetts Mutual, fully paid for at Woods Petroleum Corporation’s expense until the time of your death. At that time, the hospitalization insurance would continue in full force for one year from the anniversary date of the retiree’s death for the retiree’s spouse at no cost to your spouse. However, within the year period from the date of the retiree’s death, should the spouse remarry, all coverage would cease immediately. After the year passes, the spouse may elect to convert to a private plan with Massachusetts Mutual with the cost being borne 100% by the spouse. During your lifetime, you would simply submit your claims for reimbursement to the Company (via the Personnel Department) as you do now. Once converted to a private plan, your premiums and claims would be handled direct with the insurance carrier instead of Woods Petroleum Corporation. Secondly, you would be allowed to continue participation in the Group Den tal Plan at company expense with the same procedure for claim reimbursement as indicated above. Once you are deceased, however, there would be no further benef”

   1 later decision quote this exact passage · from the majority
   e.g. 227 F. Supp. 2d 802 - Richmond v. NCR Corp.

2. “Although ERISA pension plans are subject to mandatory vesting requirements, see 29 U.S.C. § 1053 , ERISA employee welfare benefit plans are not subject to such standards, and employers are generally free to amend or terminate these plans unilaterally (assuming the plan provides for this right). Nevertheless, an employer and employee may contract for vested post-employment welfare benefits. In deciding whether an ERISA employee welfare benefit plan provides for vested benefits, we apply general principles of contract construction. In particular, “the Supreme Court has directed us to interpret an ERISA plan like any contract, by examining its language and determining the intent of the parties to the contract.” If we determine “the plan language is ambiguous, we may look at extrinsic evidence.””

   1 later decision quote this exact passage · from the majority
   e.g. 348 F. Supp. 2d 1097 - Geiger v. Hartford Life Insurance

3. ““[Bjecause motions for [costs] are separate from and collateral to any decision on the merits, they should be accorded the same dignity under Rule 58 as judgments on the merits. Just as a judgment on the merits must always be accompanied by a separate document, so should a district court’s order denying or granting a motion for [costs].” The district court’s order of [December 1993] was not accompanied by a separate document constituting the Rule 58 judgment, and the order itself could not qualify as the Rule 58 judgment, because it contained a discussion of the court’s reasoning and legal analysis.... Nothing in the record ... indicates that plaintiffs ever raised the issue of pre[-]judgment [or post-judgment] interest to the district court.”

   1 later decision quote this exact passage · from the majority
   e.g. 213 F. Supp. 2d 571 - Teague v. Bakker