Jaspan v. Certified Industries, Inc.’s Empirical Analysis
1985
Citation profile
5 federal appellate ·
How this case has been cited
Cited by 16 later decisions — most recently May 2012
5 federal appellate ·
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. § 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. § 1132 (§ 502 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1381 (§ 4201 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1382 (§ 4202 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1383 (§ 4203 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1384 (§ 4204 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1399 (§ 4219 of the Employee Retirement Income Security Act of 1974)
Relies on Adickes v. S. H. Kress & Co. · Usery v. Turner Elkhorn Mining Co. · Pension Benefit Guaranty Corporation v. RA Gray & Co. · Heyman v. Commerce & Industry Insurance · Quinn v. Syracuse Model Neighborhood 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(b) Unfunded vested allocable to involvent employer undergoing liquidation or dissolution; maximum amount; determinative factors. In the case of an insolvent employer undergoing liquidation or dissolution, the unfunded vested benefits allocable to that employer shall not exceed an amount equal to the sum of— (1) 50 percent of the unfunded vested benefits allocable to the employer (determined without regard to this section), and (2) that portion of 50 percent of the unfunded vested benefits allocable to the employer (as determined under paragraph (1)) which does not exceed the liquidation or dissolution value of the employer determined— (A) as of the commencement of liquidation or dissolution, and (B) after reducing the liquidation value of the employer by the amount determined under paragraph (1).”
1 later decision quote this exact passage · from the majority“[w]ithdrawal liability shall be payable in accordance with the schedule set forth by the plan sponsor . . . notwithstanding any request for review or appeal of determinations of the amount of such liability or schedule.”
1 later decision quote this exact passage · from the majority“(1) Any dispute between an employer and the plan sponsor of a multiemployer plan concerning a determination made under section 1381 through 1399 of this title shall be resolved through arbitration.”
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.