Penn Elastic Co. v. United Retail & Wholesale Employees Union, Local 115 Joint Pension Fund’s Empirical Analysis
792 F.2d 45 · 1986
Citation profile
6 federal appellate · 4 district ·
How this case has been cited
Cited by 17 later decisions — most recently July 2010
6 federal appellate · 4 district ·
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 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) · 29 U.S.C. § 1451 (§ 4301 of the Employee Retirement Income Security Act of 1974)
Relies on Pension Benefit Guaranty Corporation v. RA Gray & Co. · Connolly v. Pension Benefit Guaranty Corporation · United Retail & Wholesale Employees Teamsters Union Local No. 115 Pension Plan v. Yahn & Mc Donnell, Inc. · Republic Industries, Inc. v. Central Pennsylvania Teamsters Pension Fund · Warner-Lambert Co Inc 83-1682 v. United Retail and Wholesale Employee's Teamster Local No Pension Plan 83-1676
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(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— (A) the unpaid contributions, (B) interest on the unpaid contributions, (C) an amount equal to the greater of— (i) interest on the unpaid contributions, or (ii) liquidated damages provided for under the plan in an amount not in excess of 20 percent (or such higher percentage as may be permitted under Federal or State law) of the amount determined by the court under subparagraph (A). (D) reasonable attorney’s fees and costs of the action, to be paid by the defendants____”
1 later decision quote this exact passage · from the majority“the Fund's counterclaim was an action to enforce a delinquent contribution. ...”
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.