No. 76-2011’s Empirical Analysis

Citation profile

1 federal appellate · 9 district ·

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

1. ““a federal court does have jurisdiction under [Section 302(e) ] to enforce a trust fund’s compliance with the statutory standards set forth in subsection (c)(5) by eliminating those offensive features in the structure or operation of the trust that would cause it to fail to qualify for a (c)(5) exception.””

   2 later decisions quote this exact passage · from the majority
   e.g. 631 F. Supp. 1063 - Teamsters Local No. 145 v. Kuba · Dudo v. Schaffer

2. “Our task is to examine the challenged amendments not only in their present form but, more importantly, as to their probable future effect. The question we must pose is whether the amendments, if allowed to stand, will permit union control of the carefully guarded structure which houses the fair and sound administration of trust funds. Some courts and commentators have concluded that the goal of equal representation in the administration and control of trust funds is defeated if the union in any degree participates in the choice of employer representatives; that the equal representation clause is violated by any arrangement which creates the possibility of union domination; and, indeed, that the essence of equal representation is that each side have veto power on any proposed action. We agree with such views. If the amendments here at issue create the potential of abuse by effectively placing the union in a position of control or dominance, they cannot be allowed to stand, even if the union’s conduct this far has been irreproachable. Section 302 is designed to prevent future misconduct, not merely to remedy past misdeeds.”

   1 later decision quote this exact passage · from the majority
   e.g. 711 F. Supp. 216 - Motor Carriers Labor Advisory Council v. Trucking Management, Inc.

3. “[T]he trustees of [a jointly administered trust fund] function as fiduciaries for the funds’ beneficiaries but they also serve as representatives of the parties who appoint them. Insofar as it is consistent with their fiduciary obligations, employer trustees are expected to advance the employer while employee trustees are expected to further the concerns of the union in the ongoing collective bargaining process between them.”

   1 later decision quote this exact passage · from the majority
   e.g. Mason Contractors Ass'n of America v. International Council of Employers of Bricklayers & Allied Craftsmen