CGI Technologies & Solutions Inc. v. Rose’s Empirical Analysis
683 F.3d 1113 · 2012
Citation profile
3 federal appellate · 1 district ·
Appellate journey
Relationships
Applies 29 U.S.C. § 1001 (§ 2 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. § 1132 (§ 502 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1182 (§ 702 of the Employee Retirement Income Security Act of 1974)
Relies on Shaw v. Delta Air Lines, Inc. · Swann v. Charlotte-Mecklenburg Board of Education · Varity Corporation v. Howe · Mertens v. Hewitt Associates · Hecht Co. v. Bowles
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“* * * The plan paid $66,866 in medical expenses arising from the accident on McCutchen’s behalf. McCutchen retained attorneys, in exchange for a 40% contingency fee, to seek recovery of all his accident-related damages, estimated to exceed $1 million. The attorneys sued the driver responsible for the crash, but settled for only $10,000.... Counsel also secured a payment from McCutchen’s own automobile insurer of $100,000.... McCutchen then received $110,000 — and after deducting $44,000 for the lawyer’s fee, $66,000. On learning of McCutchen’s recovery, U.S. Airways demanded reimbursement of the $66,866 it had paid in medical expenses. [It] relied on ... its summary plan description: * * *”
2 later decisions quote this exact passage · from the majority““Appropriate” relief would presumably include applying the . equitable make-whole doctrine, or fashioning other fair relief by reducing the Plan’s recovery to ... the proportion of the beneficiary’s actual damages that she recovered. Traditional equitable remedies would also appear to support requiring the Plan to contribute to the firm’s fees under the common fund. doctrine. [Sjuch traditional equitable principles should apply to the facts presented in this case.”
2 later decisions quote this exact passage · from the concurrence“(A) to enjoin any act or practice which violates any provision of this subchapter or the terms of the plan, or (B) to obtain other appropriate equitable relief (i) to redress such violations or (ii) to enforce any provisions of this subchapter or the terms of the plan.”
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.