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← 237 Kan. 822 - Goben v. Barry

Goben v. Barry’s Empirical Analysis

1985

Citation profile

10
cited by 10 later decisions
2
states following
June 1999
most recently cited

10 state decisions

Relationships

Applies 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. § 1003 (§ 4 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1144 (§ 514 of the Employee Retirement Income Security Act of 1974)

Relies on Shaw v. Delta Air Lines, Inc. · Alessi v. Raybestos-Manhattan, Inc. · American Telephone & Telegraph Co. v. Merry · 450 F. Supp. 919 - Stone v. Stone · Gonzales v. City of Peoria

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

  1. ““(a) Except as provided in subsection (b) of this section, the provisions of this subchapter and subchapter III of this chapter shall supersede any and all State laws insofar as they may now or hereafter relate to any employee benefit plan described in section 1003(a) of this title and not exempt under section 1003(b) of this title .... “(c) For purposes of this section: (1) The term ’State law’ includes all laws, decisions, rules, regulations, or other State action having the effect of law, of any State. . . . (2) The term ‘State’ includes a State, any political subdivisions thereof, or any agency or instrumentality of either, which purports to regulate, directly or indirectly, the terms and conditions of employee benefit plans covered by this subchapter.””
    1 later decision quote this exact passage · from the majority
  2. ““In making a determination of federal preemption, a court should examine those concerns emphasized by Congress in enacting the legislation. State law should be preempted only to the extent necessary to protect achievement of the purposes of the federal act in question.””
    1 later decision quote this exact passage · from the majority

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.