541 F. Supp. 276 - Donovan v. Cunningham’s Empirical Analysis
1982
Citation profile
How this case has been cited
Cited by 12 later decisions — most recently September 2017
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 28 U.S.C. § 2412 · 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. § 1103 (§ 403 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. § 1105 (§ 405 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1106 (§ 406 of the Employee Retirement Income Security Act of 1974)
Relies on National Labor Relations Board v. Amax Coal Co. · Woods v. City Nat Bank & Trust Co of Chicago · Iron Workers Local # 272 v. Bowen · 485 F. Supp. 629 - Freund v. Marshall & Ilsley Bank · 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The court has determined that the award is appropriate in such form because the third party actions against Allied were unfounded and were designed it appears only to secure Allied's presence in the suit to aid in defense of the primary suit. Further, Cunningham is in the financial position to satisfy the award of fees and costs while the other defendants are not.”
2 later decisions quote this exact passagee.g. 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 · Donovan v. Cunningham“In any action under this subchapter by a participant, beneficiary, or fiduciary, the court in its discretion may allow a reasonable attorney's fee and costs of action to either party.”
2 later decisions quote this exact passagee.g. 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 · Donovan v. Cunningham“good faith [entails] not only the sole motivation of benefiting the ESOP but also the application of sound business principles of evaluation.”
2 later decisions quote this exact passagee.g. 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 · Donovan v. Cunningham
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.