McCarthy v. Commerce Group, Inc.’s Empirical Analysis
2011
Citation profile
3 federal appellate · 5 district ·
Relationships
Applies 15 U.S.C. § 78P (§ 16 of the Securities Exchange Act of 1934) · 29 U.S.C. § 1001 (§ 2 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1003 (§ 4 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1051 (§ 201 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. § 1133 (§ 503 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1140 (§ 510 of the Employee Retirement Income Security Act of 1974)
Relies on Firestone Tire and Rubber Company v. Bruch · Metropolitan Life Insurance v. Glenn · Blau v. Del Monte Corporation · Hardt v. Reliance Standard Life Insurance Co. · Pinto v. Reliance Standard Life 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“ERISA requires that every plan: shall (1) provide adequate notice in writing to any participant or beneficiary whose claim for benefits under the plan has been denied, setting forth the specific reasons for such denial, ..., and (2) afford a reasonable opportunity to any participant whose claim for benefits has been denied for a full and fair review by the appropriate named fiduciary of the decision denying the claim.”
1 later decision quote this exact passage · from the majority“To show prejudice, a claimant need not prove that a different outcome would have resulted had the [administrator] followed the required procedures.”
1 later decision quote this exact passage · from the majority“the debate over the standard of review is much ado about not much.” Id. Even applying the McCarthy standard of”
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.