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← 552 SO2D 643 - Prestridge v. Shinault

Prestridge v. Shinault’s Empirical Analysis

1989

Citation profile

11
cited by 11 later decisions
4
states following
September 1997
most recently cited

4 federal appellate · 7 state decisions

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. § 1132 (§ 502 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1144 (§ 514 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 185 (§ 301 of the Labor Management Relations Act of 1947 (Taft-Hartley Act)) · 29 U.S.C. § 186 (§ 302 of the Labor Management Relations Act of 1947 (Taft-Hartley Act))

Relies on Franchise Tax Board of the State of California v. Construction Laborers Vacation Trust for Southern California · Pilot Life Insurance v. Dedeaux · Metropolitan Life Insurance v. Taylor · Allis-Chalmers Corp. v. Lueck · Alessi v. Raybestos-Manhattan, Inc.

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

  1. “Amounts owed under collective bargaining agreements with respect to a laborer's or employee’s wages or other compensation for which a claim or privilege is granted and which are payable to other persons for vacation, health and welfare, pension, apprentice ship and training, supplemental unemployment benefits, and other fringe benefits considered as wages by the secretary of labor of the United States in determining prevailing wage rates, unless the immovable upon which the work is performed is designed or intended to be occupied primarily as a residence by four families or less. Trustees, trust funds, or other persons to whom the employer is to make such payments may assert and enforce claims for the amounts in the same manner and subject to the same procedures provided for other amounts due laborers or employees granted a claim or privilege under this part.”
    1 later decision quote this exact passage
  2. “A civil action . . . brought by a participant or beneficiary to recover benefits due to him under the terms of his plan, to enforce his rights under the terms of the plan, or to clarify his rights to future benefits under the terms of the plan.”
    1 later decision quote this exact passage

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.