Ovitz v. Jefferies & Co., Inc.’s Empirical Analysis

Citation profile

1 district · 1 state decisions

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

1. “Finally Ovitz argues Jefferies is liable for an ERISA violation because it demoted him in a deliberate attempt to escape its liabilities to him under the Plan. Defendants urge strongly this is a new theory of liability, and it may well be. Complaint ¶ 11 alleges only that Ovitz was demoted and then as a result left the company. That was hardly enough, even under the liberal notice pleading approach of the Rules, to have put defendants on notice of Ovitz’ “constructive discharge” theory—first advanced in his responsive memorandum. Understandably, then, defendants’ response to the constructive discharge assertion was to concede all facts upon which Ovitz relies and to argue it is therefore impossible for disputed issues of material fact to remain. They urge this Court to decide as a matter of law whether Ovitz was constructively discharged. That would be premature on the limited evidence now before this Court. Whether a reasonable person in Ovitz’ position would have resigned as a result of his demotion, and whether defendants deliberately put Ovitz in that position “for the purpose of interfering with the attainment of any right to which [he] may become entitled under the plan” ( 29 U.S.C. § 1140 ), must be determined from the totality of the circumstances.”

   1 later decision quote this exact passage · from the majority
   e.g. Ovitz v. Jefferies & Co.