Donovan v. Robbins’s Empirical Analysis
752 F.2d 1170 · 1985
Citation profile
96 federal appellate · 13 district · 2 state decisions
How this case has been cited
Cited by 172 later decisions — most recently July 2024 · most notably In re Oil Spill by the Amoco Cadiz off the Coast of France on March 16, 1978 (1992), United States v. Cannons Engineering Corp. (1990)
96 federal appellate · 13 district · 2 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 · 28 U.S.C. § 1292 · 29 U.S.C. § 1001 (§ 2 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1105 (§ 405 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1109 (§ 409 of the Employee Retirement Income Security Act of 1974)
Relies on Shaw v. Delta Air Lines, Inc. · Zipes v. Trans World Airlines, Inc. · Zenith Radio Corp. v. Hazeltine Research, Inc. · United States v. Swift & Co. · Carson v. American Brands, 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 172 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) Circumstances giving rise to liability "In addition to any liability which he may have under any other provision of this part, a fiduciary with respect to a plan shall be liable for a breach of fiduciary responsibility of another fiduciary with respect to the same plan in the following circumstances: (1)if he participates knowingly in, or knowingly undertakes to conceal, an act or omission of such other fiduciary, knowing such act or omission is a breach; (2) if, by his failure to comply with section 1104(a)(1) of this title in the administration of his specific responsibilities which give rise to his status as a fiduciary, he has enabled such other fiduciary to commit a breach; or (3) if he has knowledge of a breach by such other fiduciary, unless he makes reasonable efforts under the circumstances to remedy the breach."”
2 later decisions quote this exact passage · from the concurrence“Although a judge thus must, before signing an equity decree that either affects third parties or imposes continuing duties on him, satisfy himself that the decree is reasonable (“fair, reasonable and adequate” in the usual formulation ... but we think “reasonable” sums it up fairly and adequately), how deeply the judge must inquire, what factors he must take into account, and what weight he should give the settling parties’ desires will vary with the circumstances. The flexible character of the decision makes generalization difficult; but it is safe to suggest that the limitations of judicial competence and the desirability of encouraging out-of-court settlements in order to lighten the judicial caseload create a presumption in favor of approving the settlement.”
2 later decisions quote this exact passage · from the majoritye.g. In Re Dalen · Ragsdale v. Turnock“means bogging down the settlement process in a miniature trial before trial, for in determining good faith the court could consider the risk of victory or defeat, the risk of a high or low verdict, the unknown strengths or weaknesses of the opponent’s case, the inexact appraisal as to the elements of danger, the defendant’s solvency and the amount of insurance coverage. 752 F.2d at 1181 (quotations omitted)”
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.