Audit Services, Inc. v. Rolfson’s Empirical Analysis
641 F.2d 757 · 1981
Citation profile
57 federal appellate · 12 district · 4 state decisions
How this case has been cited
Cited by 112 later decisions — most recently August 2021 · most notably M/V American Queen v. San Diego Marine Contruction Corp. (1983), United States v. Jon-T Chemicals, Inc. (1985)
57 federal appellate · 12 district · 4 state decisions
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 29 U.S.C. § 1132 (§ 502 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 185 (§ 301 of the Labor Management Relations Act of 1947 (Taft-Hartley Act))
Relies on Smith v. Evening News Assn. · National Labor Relations Board v. Burns International Security Services, Inc. · Howard Johnson Company Inc v. Detroit Local Joint Executive Board Hotel and Restaurant Employees and Bartenders International Union · Braunfeld v. Gibbons · Pomponio v. United States
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 112 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he payment of cash to nonunion employees, however well-intentioned such payment may have been, does not excuse the obligation to make contributions to the funds. The contract sued upon is between the union and the trustees on the one hand, and the employer on the other. The funds are established for the benefit of all employees covered by their language and are depleted by the amount which the [employer has] refused to contribute.”
3 later decisions quote this exact passage · from the majority“(1) The party to be estopped must know the facts; (2) he must intend that his conduct shall be acted on or must so act that the party asserting the estoppel has a right to believe it is so intended; (3) the latter must be ignorant of the true facts; and (4) he must rely on the former’s conduct to his injury.”
2 later decisions quote this exact passage · from the majority“in a variety of circumstances involving a merger, stock acquisition, reorganization, or assets purchase, the Board might properly find as a matter of fact that the successor assumed the obligations under the old contract.”
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.