Schreiber v. Philips Display Components Co.’s Empirical Analysis
580 F.3d 355 · 2009
Citation profile
6 federal appellate ·
Relationships
Applies 28 U.S.C. § 1291 · 29 U.S.C. § 1002 (§ 3 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1022 (§ 102 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1024 (§ 104 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1051 (§ 201 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1102 (§ 402 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. § 1132 (§ 502 of the Employee Retirement Income Security Act of 1974)
Relies on Celotex Corporation v. Catrett H · Curtiss-Wright Corp. v. Schoonejongen · Sprague v. General Motors Corp. · International Union United Automobile Aerospace and Agricultural Implement Workers of America Uaw v. Yard-Man Incorporated · Armistead v. Vernitron Corp.
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) the precise issue raised in the present case must have been raised and actually litigated in the prior proceeding; (2) determination of the issue must have been necessary to the outcome of the prior proceeding; (3) the prior proceeding must have resulted in a final judgment on the merits; and (4) the party against whom estoppel is sought must have had a full and fair opportunity to litigate the issue in the prior proceeding.”
2 later decisions quote this exact passage · from the majority“may be enough to incorporate by reference portions of the SPDs into the CBA. Courts generally cite contract language that is more explicit in its action [of incorporation], though in some cases they have found mere references to SPDs and plan booklets “sufficient to incorporate by reference.” Int’l Ass’n of Machinists and Aerospace Workers v. ISP Chems., Inc., 261 Fed.Appx. 841 , 847-48 (6th Cir.2008) (unpublished disposition); see also 11 Williston on Contracts § 30.25(4th ed.) (“Interpretation of several connected writings”). Compare Yolton, 435 F.3d at 580 (looking to a durational clause in the CBA stating “the insurance plan ‘will run concurrently with [the CBA] and is hereby made part of this Agreement.’ ” (quoting the CBA)), and Int’l Union, UAW v. Aluminum Co. of Am., 932 F.Supp. 997 , 1001 (N.D.Ohio 1996) (“Separate booklets describing these benefits are incorporated herein and made a part of this Agreement.”), with Bailey v. AK Steel Corp., 2006 WL 2727732 at (S.D.Ohio Sept. 22, 2006) (unpublished disposition) (“Each CBA incorporates by reference the health benefit plan ... ”).”
1 later decision quote this exact passage · from the majority“Although the company presently intends to continue the plan indefinitely, Philips Electronics North America reserves the right to alter any of its provisions, to change the amount of contributions or to terminate all or any part of it, as the company in its sole discretion deems necessary, without prior notice to any covered person.”
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.