Frommert v. Conkright’s Empirical Analysis

Citation profile

2 federal appellate ·

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.

1. “[i]n contrast to the Administrator’s proposal, then, plaintiffs’ suggestion that this Court should not apply any appreciated offset is, in light of the Supreme Court’s decision in this case, un reasonable. In effect, plaintiffs would have this Court do exactly what it did before, i.e., to adopt an approach under which plaintiffs’ “present benefits [would be] reduced only by the nominal amount of their past distributions — thereby treating a dollar distributed to [plaintiffs] in the 1980’s as equal in value to a dollar distributed today.” The Supreme Court expressly rejected that approach, and I decline to adopt it again.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Frommert v. Conkright

2. “erred in holding that the District Court could refuse to defer to the Plan Administrator's interpretation of the Plan ... simply because [we] had found a previous related interpretation by the [Plan] Administrator to be invalid.”

   1 later decision quote this exact passage · from the majority
   e.g. Frommert v. Conkright