Davidson v. Cook’s Empirical Analysis
1983
Citation profile
11 federal appellate · 4 district ·
How this case has been cited
Cited by 41 later decisions — most recently March 2017 · most notably Fink v. National Savings & Trust Co. (1985), Struble v. New Jersey Brewery Employees' Welfare Trust Fund (1984)
11 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 26 U.S.C. § 503 · 28 U.S.C. § 1927 · 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. § 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) · 29 U.S.C. § 1109 (§ 409 of the Employee Retirement Income Security Act of 1974)
Relies on American Pipe & Construction Co. v. Utah · Crown, Cork & Seal Co. v. Parker · Iron Workers Local # 272 v. Bowen · 485 F. Supp. 629 - Freund v. Marshall & Ilsley Bank · Cutaiar v. Marshall
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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) Each payment of premium on the life insurance policy was a continuing breach of the Defendant’s fiduciary duty, and the final premium payment in 1986 was the ‘last action which constituted a part of the breach’ and was within the six-year limitation period under ERISA. (2) Each purchase of insurance and each subsequent payment of premium constituted a separate breach, and the limitations period began to run as of the date thereof. Thus, only those breaches occurring more than six years prior to the commencement of this action by the Plaintiff are time-barred.”
4 later decisions quote this exact passage · from the majority“(1) the degree of the opposing parties’ culpability or bad faith; (2) the ability of the opposing parties to satisfy an award of attorneys’ fees; (3) whether an award of attorneys’ fees against the opposing parties would deter other persons acting under similar circumstances; (4) whether the parties requesting attorneys’ fees sought to benefit all participants and beneficiaries of an ERISA plan or to resolve a significant legal question regarding ERISA itself; and (5) the relative merits of the parties’ positions.”
2 later decisions quote this exact passage · from the majority“[A] fiduciary shall discharge his duties with respect to a plan solely in the interest of the participants and beneficiaries and ... 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.”
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.