Burstein Md’s Empirical Analysis

Citation profile

15 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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]o make out a breach of fiduciary duty claim [under ERISA], a plaintiff must establish each of the following elements: (1) the defendant’s status as an ERISA fiduciary acting as a fiduciary; (2) a misrepresentation on the part of the defendant; (3) the materiality of that misrepresentation; and (4) detrimental reliance by the plaintiff on the misrepresentation.”

   2 later decisions quote this exact passage · from the majority
   e.g. 727 F. Supp. 2d 1076 - Kerber v. Qwest Group Life Insurance Plan · 656 F. Supp. 2d 1279 - Kerber v. Qwest Group Life Insurance Plan

2. “shall discharge his duties with respect to a plan solely in the interest of the participants and beneficiaries and- (A) for the exclusive purpose of: (i) providing benefits to participants and their beneficiaries; and (ii) defraying reasonable expenses of administering the plan; (B) with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent man acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims; (D) in accordance with the documents and instruments governing the plan insofar as such documents and instruments are consistent with the provisions of this subchap-ter and subchapter III of this chapter.”

   1 later decision quote this exact passage · from the majority
   e.g. 336 F. App'x 197 - Bocchino v. Trustees of District Council Ironworkers Funds

3. “'detrimental reliance' [i]s an element of a [§ 404] breach of fiduciary [duty misrepresentation] claim.”

   1 later decision quote this exact passage · from the majority
   e.g. 387 F. Supp. 3d 529 - Cunningham v. Wawa, Inc.