550 F. Supp. 390 - Donovan v. Daugherty’s Empirical Analysis
1982
Citation profile
14 federal appellate · 4 district ·
How this case has been cited
Cited by 36 later decisions — most recently September 2015 · most notably Lowen v. Tower Asset Management, Inc. (1987), Nieto v. Ecker (1988)
14 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. § 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. § 1108 (§ 408 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1132 (§ 502 of the Employee Retirement Income Security Act of 1974)
Relies on Udall v. Tallman · Eaves v. Penn · 485 F. Supp. 629 - Freund v. Marshall & Ilsley Bank · Cutaiar v. Marshall · Marshall v. Snyder
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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(b) The prohibitions provided in section 1106 of this title shall not apply to any of the following transactions: ****** (2) Contracting or making reasonable arrangements with a party in interest for office space, or legal, accounting, or other services necessary for the establishment or operation of the plan, if no more than reasonable compensation is paid therefor. (c) Nothing in section 1106 of this title shall be construed to prohibit any fiduciary from— * * * * * . * (2) receiving any reasonable compensation for services rendered, or for reimbursement of expenses properly and actually incurred, in the performance of his duties with the plan; except that no person so serving who already receives full-time pay from an employer or an association of employers, whose employees are participants in the plan, or from an employee organization whose members are participants in such a plan shall receive compensation from such plan, except for reimbursement of expenses properly and actually incurred;”
3 later decisions quote this exact passage“[A] fiduciary shall discharge his duties with respect to a plan solely in the interest of the participants and beneficiaries and— (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.”
1 later decision quote this exact passage“The assets of a plan shall never inure to the benefit of any employer and shall be held for the exclusive purposes of providing benefits to participants in the plan and their beneficiaries and defraying reasonable expenses of administering the plan”
1 later decision quote this exact passagee.g. Hurt v. Pullman Inc.
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.