602 F. Supp. 2d 39 - Harris v. Koenig’s Empirical Analysis
2009
Citation profile
6 district ·
Relationships
Applies 15 U.S.C. § 78J (§ 10 of the Securities Exchange Act of 1934) · 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. § 1107 (§ 407 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 Bell Atlantic Corp. v. Twombly · Swierkiewicz v. Sorema N. A. · Massachusetts Mutual Life Insurance v. Russell · Dura Pharmaceuticals, Inc. v. Broudo · Varity Corporation v. Howe
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“No action may be commenced under this subchapter with respect to a fiduciary’s breach of any responsibility, duty, or obligation under this part or with respect to a violation, after the earlier of: (1) six years after (A) the date of the last action which constituted a part of the breach or violation, or (B) in the case of an omission the latest date on which the fiduciary could have cured the breach or violation, or (2) three years after the earliest date on which the plaintiff had actual knowledge of the breach or violation; except that in the case of fraud or concealment such action may be commenced not later than six years after the date of discovery of such breach or violation.”
3 later decisions quote this exact passage · from the majority“Old Waste Fiduciaries,” which are Old Waste (the Plan’s sponsor), the Waste Management, Inc. Profit Sharing and Savings Plan Investment Committee (”
2 later decisions quote this exact passage · from the majority“[m]ere influence over a fiduciary's decisions regarding a plan is not enough to constitute discretionary control, triggering ERISA liability.”
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.