Operating Engineers Pension Trust v. Reed’s Empirical Analysis
726 F.2d 513 · 1984
Citation profile
43 federal appellate · 12 district · 1 state decisions
How this case has been cited
Cited by 93 later decisions — most recently October 2014 · most notably Levit Vn v. Ingersoll Rand Financial Corporation (1989), Trustees of the Amalgamated Insurance Fund v. Geltman Industries, Inc. (1986)
43 federal appellate · 12 district · 1 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 28 U.S.C. § 1291 · 29 U.S.C. § 1132 (§ 502 of the Employee Retirement Income Security Act of 1974)
Relies on Hummell v. S. E. Rykoff & Co. · In re Disbarment of Carnow · Seymour v. Hull & Moreland Engineering · National Labor Relations Board v. Don Burgess Construction Corp. · Audit Services, Inc. v. Rolfson
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 93 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) In any action under this subchapter (other than an action described in paragraph (2)) by a participant, beneficiary, or fiduciary, the court in its discretion may allow a reasonable attorney’s fee and costs of action to either party. (2) In any action under this subchapter by a fiduciary for or on behalf of a plan to enforce section 1145 of this title in which a judgment in favor of the plan is awarded, the court shall award the plan — (D) reasonable attorney’s fees and costs of the action, to be paid by the defendant...”
6 later decisions quote this exact passage · from the majority“An owner of a corporation will be held personally liable for trust fund contributions if (1) there is little or no respect shown to the separate identity of the corporation; (2) recognition of the corporation as a separate entity would result in injustice to the litigants; and (3) there was a fraudulent intent behind the incorporation”
3 later decisions quote this exact passage · from the majority“attorney's fees are no longer discretionary.”
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.