Donovan v. Bierwirth’s Empirical Analysis
1981
Citation profile
16 federal appellate · 4 district ·
How this case has been cited
Cited by 52 later decisions — most recently July 2021 · most notably Donovan v. Bierwirth (1982), Leigh v. Engle (1984)
16 federal appellate · 4 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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. § 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. § 1107 (§ 407 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. § 1109 (§ 409 of the Employee Retirement Income Security Act of 1974)
Relies on Meinhard v. Salmon · National Labor Relations Board v. Amax Coal Co. · Woods v. City Nat Bank & Trust Co of Chicago · Eaves v. Penn · Youngberg v. Romeo ex rel. Romeo
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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“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.”
4 later decisions quote this exact passage · from the majoritye.g. Musto v. American General Corp. · Raymond J. Donovan, Secretary of the United States Department of Labor, Cross-Appellee v. Kenneth R. Cunningham, Defendant-Third Party Plaintiff-Appellee-Cross-Appellant, L.J. Carter and Mark W. Perrin, Defendants-Third Party Plaintiffs-Appellees-Cross-Appellants-Cross-Appellees, Salvador Esparza and Edward F. Fritcher, Defendants-Third Party Plaintiffs-Appellees-Cross-Appellants v. Wilford H. Hairell and A. Mitchell Robertson, Defendants-Third Party Plaintiffs-Appellees-Cross-Appellants- Cross-Appellees v. Allied Bank of Texas, Third Party Defendant-Cross-Appellee-Cross-Appellant v. Metropolitan Contract Services, Inc., Third Party Defendant-Cross-Appellee“shown a likelihood of success on his claim that each of the trustees has acted imprudently with respect to their recent investment decisions concerning Grumman stock”
2 later decisions quote this exact passage · from the majority“an unorthodox departure from the common law rule against dual loyalties”
2 later decisions 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.