David v. Alphin’s Empirical Analysis
2011
Citation profile
3 federal appellate ·
Relationships
Applies 29 U.S.C. § 1024 (§ 104 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. § 1113 (§ 413 of the Employee Retirement Income Security Act of 1974)
Relies on Anderson v. Liberty Lobby, Inc. · Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corporation · Lujan v. Defenders of Wildlife · Warth v. Seldin · Steel Co. v. Citizens for a Better Environment
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“confuse[s] the failure to remedy the alleged breach of an obligation! ] with the commission of an alleged second breach, which, as an overt act of its own recommences the limitations period. Characterizing the mere continued offering of a plan option, without more, as a subsequent breach would render section 413(1)(A) “meaningless and [could even] expose present Plan fiduciaries to liability for decisions made by their predecessors — decisions which may have been made decades before and as to which institutional memory may no longer exist.””
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.