LaScala v. Scrufari’s Empirical Analysis
2004
Citation profile
Relationships
Applies 26 U.S.C. § 413 (§ 1014 of the Employee Retirement Income Security Act of 1974) · 26 U.S.C. § 89 · 28 U.S.C. § 1331 · 29 U.S.C. § 1002 (§ 3 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1104 (§ 404 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. § 1108 (§ 408 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1113 (§ 413 of the Employee Retirement Income Security Act of 1974)
Relies on Firestone Tire and Rubber Company v. Bruch · National Labor Relations Board v. Amax Coal Co. · Eddy v. Colonial Life Insurance Co. of America · 492 F. Supp. 1255 - Gilliam v. Edwards · Marshall v. Kelly
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“in breach of his fiduciary duties was in furtherance of a single scheme, constituting a single breach for the purposes of ERISA § 413(1)(A)....”
2 later decisions quote this exact passage · from the majority“Motion by Sarkee Sanoian seconded by Merton Marshall to appoint Santo Scrufari as Plan Manager as opposed to the present arrangement with Maloney & O'Sullivan. His present rate of pay as a salaried employee will remain. " Id. at 243 (emphasis added by the district court). Scrufari himself was not present at the meeting and only one person at the meeting —O'Sullivan, of Maloney & O'Sullivan —knew what Scrufari's "present rate of pay”
1 later decision quote this exact passage · from the majority“represented fringe benefits (such as pension and health care contributions) payable to Fund employees on a weighted scale, to be commensurate with fringe benefits paid to Union members covered by the collective bargaining agreement.”
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.