Re Fraver’s Empirical Analysis
Citation profile
2 federal appellate · 2 district · 1 state decisions
How this case has been cited
Cited by 21 later decisions — most recently August 2008
2 federal appellate · 2 district · 1 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
Relies on 504 F. Supp. 606 - Jervis v. Elerding · Fraver v. North Carolina Farm Bureau Mutual Insurance
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he nature of the payments is not indicative of a pension or retirement plan.... The amount of the payment is tied to only one factor, the amount of business in the last year prior to termination.... [T]he payments are recouped from the individual’s successor. In sum, the benefits are in the nature of a buy-out in which the departing agent receives payments based on what he leaves behind in the way of business for his successor. If the departing agent goes into competition with his successor, he is destroying the resource that would be used to pay him.”
3 later decisions quote this exact passage · from the majority“Except as provided in subparagraph (B) [relating to the Secretary’s power to create exempt categories], the terms “employee pension benefit plan” and “pension plan” mean any plan, fund, or program which was heretofore or is hereafter established or maintained by an employer or by an employee organization, or by both, to the extent that by its express terms or as a result of surrounding circumstances such plan, fund, or program— (i) provides retirement income to employees, or (ii) results in a deferral of income by employees for periods extending to the termination of covered employment or beyond, regardless of the method of calculating the contributions made to the plan, the method of calculating the benefits under the plan or the method of distributing benefits from the plan.”
1 later decision quote this exact passage · from the majority“were simply employment or agency contracts”
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.