Robert Riley v. Administrator of the Supersaver 401k Capital Accumulation Plan for Employees of Participating Amr Corporation Subsidiaries’s Empirical Analysis

Citation profile

4 federal appellate ·

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

1. “Bowen makes clear that ... the list of five factors to be considered in an ERISA § 502(g) attorneys’ fees case is a non-exhaustive,' ejusdem generis list (“[A] court should consider such factors as the following [five factors] .... [I]n any individual case, however, other considerations may be relevant as well.”).”

   4 later decisions quote this exact passage · from the majority
   e.g. Griffin v. Sevatec, Inc. · Griffin v. Humana Employers Health Plan of Georgia, Inc.

2. “(1) the degree of the opposing party’s culpability or bad faith; (2) the ability of the opposing parties to satisfy an award of attorneys’ fees; (3) whether an award of attorneys’ fees against the opposing parties would deter other persons acting under similar circumstances; (4) whether the parties requesting attorneys’ fees sought to benefit all participants and beneficiaries of an ERISA plan or to resolve a significant question regarding ERISA itself; and (5) the relative merits of the parties’ positions.”

   1 later decision quote this exact passage · from the majority
   e.g. 172 F. Supp. 2d 880 - Mitchell Energy & Development Corp. v. Fain

3. “mistaken belief . . . that alone the factor of culpability and bad faith somehow supplants the other . . . factors and conclusively determines the outcome of the attorneys' fees issue.”

   1 later decision quote this exact passage · from the majority
   e.g. Daniel Wayne Wright v. Hanna Steel Corporation