Tsareff v. ManWeb Services, Inc.’s Empirical Analysis
794 F.3d 841 · 2015
Citation profile
4 federal appellate · 3 district ·
Relationships
Applies 29 U.S.C. § 1021 (§ 101 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. § 1381 (§ 4201 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1382 (§ 4202 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1399 (§ 4219 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1401 (§ 4221 of the Employee Retirement Income Security Act of 1974)
Relies on Celotex Corporation v. Catrett H · Pension Benefit Guaranty Corporation v. RA Gray & Co. · Golden State Bottling Company Inc v. National Labor Relations Board · Howard Johnson Company Inc v. Detroit Local Joint Executive Board Hotel and Restaurant Employees and Bartenders International Union · Milwaukee Brewery Workers' Pension Plan v. Jos. Schlitz Brewing Co.
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[S]uccessor liability is an equitable doctrine, not an inflexible command, and in light of the difficulty of the successorship question, the myriad factual circumstances and legal contexts in which it can arise, and the absence of congressional guidance as to its resolution, emphasis on the facts of each case as it arises is especially appropriate.”
2 later decisions quote this exact passage · from the majority“to obtain an estimate of [its] withdrawal liability”
2 later decisions quote this exact passage · from the majority“the social interest in facilitating the transfer of 'corporate and other productive assets.' " The owners of Freije had debts for which they were personally liable. Those debts were satisfied by the exact purchase price agreed to by ManWeb, while the deal was structured to leave the Fund on the outside looking in. We recognize that those specific debts were able to be satisfied by the unimpeded transfer of assets, and that successor liability may pose an impediment to the transfer of corporate and other productive assets. In Artistic Furniture , however, we recognized that "the fact that the imposition of liability will have significant fiscal impact on a successor is not prohibitive.”
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.