Quan v. Computer Sciences Corp.’s Empirical Analysis
623 F.3d 870 · 2010
Citation profile
22 federal appellate · 2 district ·
Appellate journey
reviewedthe decision below (from California Southern District Court)
Relationships
Applies 29 U.S.C. § 1104 (§ 404 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) · 29 U.S.C. § 1132 (§ 502 of the Employee Retirement Income Security Act of 1974)
Relies on Basic Inc. v. Levinson · Donovan v. Cunningham · Moench v. Robertson · Donovan v. Mazzola · Kuper v. Iovenko
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.
“We have recognized [that] ... “[a] fiduciary has an obligation to convey complete and accurate information material to the beneficiary’s circumstance, even when a beneficiary has not specifically asked for the information.” Barker [v. Am. Mobil Power Corp., 64 F.3d 1397 , 1403 (9th Cir.1995) ]. “[T]he same duty applies to ‘alleged material misrepresentations made by fiduciaries to participants regarding the risks attendant to fund investment.’ ” Edgar [v. Avaya Inc., 503 F.3d 340 , 350 (3d Cir.2007)].”
4 later decisions quote this exact passage · from the majority“overcome the presumption of prudent investment, plaintiffs must ... make allegations that clearly implicate the company's viability as an ongoing concern or show a precipitous decline in the employer's stock ... combined with evidence that the company is on the brink of collapse or is undergoing serious mismanagement.”
3 later decisions quote this exact passage · from the majority“in accordance with the documents and instruments governing the plan insofar as such documents and instruments are consistent with the provisions of this subchapter .”
3 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.