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← 39 F. Supp. 2d 1350 - Burns v. Rice

39 F. Supp. 2d 1350 - Burns v. Rice’s Empirical Analysis

1998

Citation profile

3
cited by 3 later decisions
March 2011
most recently cited

Relationships

Applies 29 U.S.C. § 1002 (§ 3 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1108 (§ 408 of the Employee Retirement Income Security Act of 1974)

Relies on Conley v. Gibson · Scheuer v. Rhodes · Hishon v. King & Spalding · Varity Corporation v. Howe · Curtiss-Wright Corp. v. Schoonejongen

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

  1. “It is clear that the Financed Shares in the Suspense Account in the instant case were contingent, see BEST Plan § 4.5(a) (requiring allocation of all shares in Suspense Account to accounts of all Plan participants only upon a Change in Control, as defined therein), and thus that these benefits were neither accrued, see 29 U.S.C. § 1002 (23)(B) (defining term “accrued benefit” as “in the case of a plan which is an individual account plan, the balance of the individual’s account.”), nor vested, see BEST Plan § 4.5(b)(4) (stating that all account balances of all participants would be fully vested as of the date of a Change in Control), at the time the Defendants prevented the triggering of § 4.5 of the Plan. Thus it is clear that the above stated principle applies, precluding Plaintiffs claims herein.”
    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.