785 F. Supp. 2d 375 - Fishbein v. Miranda’s Empirical Analysis
2011
Citation profile
2 federal appellate ·
Relationships
Applies 29 U.S.C. § 1001 (§ 2 of the Employee Retirement Income Security Act of 1974) · 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. § 1106 (§ 406 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. § 1145 (§ 515 of the Employee Retirement Income Security Act of 1974)
Relies on Celotex Corporation v. Catrett H · Benson v. Brower's Moving & Storage, Inc. · Miner v. Clinton County · Geller Gny v. County Line Auto Sales Inc · Harris Trust and Savings Bank v. John Hancock Mutual Life Insurance Company
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Here, pursuant to the terms of each CBA, nearly all of which contain identical operative language, “an employer” (i.e., each contributing employer) and “an employee organization” (i.e., the unions) “established” a plan to provide “in surance, welfare, Major Medical insurance and similar benefits for” retired employees of the unions.... Although not every CBA qualifies as a “plan” under ERISA § 502(a)(3)(B), in view of the plain language of the CBAs at issue here and the [UMM Fund] indenture, Plaintiffs’ action to enforce the CBAs is an action to enforce “the terms of [a] plan.” 29 U.S.C. § 1132 (a)(3)(B).”
1 later decision quote this exact passage · from the majority“It is hereby agreed ... the Employer shall pay to the Allied Welfare Fund the sum of Fifty-Nine ($59.00) Dollars, each and every week for each employee who is employed within the bargaining unit[.] From and out of the contributions made to the Allied Welfare Fund as specified above, Eight Dollars per employee per week shall be unconditionally and irrevocably allocated and paid to the Union Mutual Medical Fund ... for the benefit of retired employees of the Employer and retired employees of all other employers similarly situated and their families.”
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.