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← 75 F.3d 1114 - Davon, Inc. v. Shalala

Davon, Inc. v. Shalala’s Empirical Analysis

75 F.3d 1114 · 1996

Citation profile

59
cited by 59 later decisions
1
cited 1 times by the Supreme Court
June 2016
most recently cited

20 federal appellate · 6 district ·

How this case has been cited

Cited by 59 later decisions (1 by the Supreme Court) — most recently June 2016 · most notably Eastern Enterprises v. Apfel (1998), Blue Diamond Coal Co. v. Trustees of the UMWA Combined Benefit Fund (2001)

20 federal appellate · 6 district ·

390199620002010decided

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

Relies on Landgraf v. USI Film Products · Penn Central Transportation Co. v. New York City · Missouri v. Continential Insurance Cos. · Duke Power Co. v. Carolina Environmental Study Group, Inc. · Federal Communications Commission v. Beach Communications, Inc.

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 59 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Each consecutive NBCWA, including those after 1974, accomplished the same end — to provide benefits to miners until the next NBCWA — using the same means — funding on a multi-employer basis. Nothing radical happened in 1974. As we stated in the due process context, the promise of lifetime benefits was not an unforeseeable inclusion in an NBCWA; every coal operator that participated in the multi-employer plans contributed directly to the retirees’ legitimate expectations of lifetime benefits. Plaintiffs’ ‘experience with the plan[s]’ that eventually became the Combined Fund is easily deduced on the facts of this case.”
    2 later decisions quote this exact passage · from the majority
  2. “No person shall ... be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” U.S. Const, amend. V. 2 . In its Counter Statement of Material Facts, Unity cites this Court for the statement that South Union was a signatory member of the NBCWA for the years 1950, 1951, 1952, 195[5], 1956 and 1959. (Pl. facts ¶ 10). Most of Unity's facts are drawn from my opinion granting a preliminary injunction. 3 . Unity qualifies as a”
    2 later decisions quote this exact passage · from the majority
  3. “in order to secure the stability of interstate commerce, it is necessary to modify the current private health care benefit plan structure for retirees in the coal industry to identify persons most responsible for plan liabilities in order to stabilize plan funding and allow for the provision of health care benefits to such retirees.”
    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.