39 F. Supp. 2d 1010 - Roberts v. Taussig’s Empirical Analysis

Citation profile

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

1. “The Supreme Court recently addressed the remedies available under § 502(a)(3) [in Amara.] The phrase ‘appropriate equitable relief refers to ‘those categories of relief that, traditionally speaking (i.e., prior to the merger of law and equity) were typically available in equity.’ A fiduciary’s right to contribution and indemnification from co-fiduciaries falls squarely within traditional equitable relief. However, § 502(a)(3) refers to violations of ERISA or enforcement of a plan’s terms, not to the equitable remedies available to a breaching fiduciary against another fiduciary. 'Moreover, the Supreme Court has previously held that, in order to recover for a violation of § 409 which makes fiduciaries ‘subject to such other equitable or remedial relief as the court may deem appropriate,’ the relief must ‘inure to the benefit of the plan as a whole’ and ‘Congress did not intend that section to authorize any relief except for the plan itself.’ Therefore, § 502(a)(3) and § 409 cannot form a statutory basis for Defendants’ claim for contribution and indemnification from [another fiduciary] because that relief would not benefit the Plan. In sum, there is no statutory right to contribution and indemnification under ERISA.'”

   1 later decision quote this exact passage · from the majority
   e.g. 130 F. Supp. 3d 1097 - Loo v. Cajun Operating Co.

2. “Any person who is a fiduciary with respect to a plan who breaches any of the responsibilities, obligations, or duties imposed upon fiduciaries by this subchapter shall be personally liable to make good to such plan any losses to the plan resulting from each such breach, and to restore to such plan any profits of such fiduciary which have been made through use of assets of the plan by the fiduciary, and shall be subject to such other equitable or remedial relief as the court may deem appropriate, including removal of such fiduciary.””

   1 later decision quote this exact passage · from the majority
   e.g. 279 F. Supp. 2d 894 - Williams v. Provident Investment Counsel, Inc.