Finkel v. Romanowicz’s Empirical Analysis
577 F.3d 79 · 2009
Citation profile
7 federal appellate · 4 district ·
How this case has been cited
Cited by 59 later decisions — most recently May 2025 · most notably City of New York v. Mickalis Pawn Shop, LLC (2011), Greathouse v. JHS Security Inc. (2015)
7 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. § 401 (Self-Employed Individuals Tax Retirement Act of 1962) · 28 U.S.C. § 46 · 28 U.S.C. § 636 · 29 U.S.C. § 1002 (§ 3 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1109 (§ 409 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. § 1145 (§ 515 of the Employee Retirement Income Security Act of 1974)
Relies on Sims v. Blot · Lopresti v. Terwilliger · Au Bon Pain Corp. v. Artect, Inc. · Greyhound Exhibitgroup, Inc. v. E.L.U.L. Realty Corp. · United States v. Desimone
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 59 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(i) he exercises any discretionary authority or discretionary control respecting management of such plan or exercises any authority or control respecting management or disposition of its assets, (ii) he renders investment advice for a fee or other compensation, direct or indirect, with respect to any moneys or other property of such plan, or has any authority or responsibility to do so, or (iii) he has any discretionary authority or discretionary responsibility in the administration of such plan.”
1 later decision quote this exact passage · from the majority“In light of [defendant's] default, a court is required to accept all ... factual allegations as true and draw all reasonable inferences in [plaintiff's] favor.”
1 later decision quote this exact passage · from the majority“is ... required to determine whether [plaintiff's] allegations establish [defendant's] liability as a matter of law.”
1 later decision 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.