Brick Masons Pension Trust v. Industrial Fence & Supply, Inc.’s Empirical Analysis
839 F.2d 1333 · 1988
Citation profile
44 federal appellate · 6 district · 1 state decisions
How this case has been cited
Cited by 83 later decisions — most recently December 2022 · most notably No. 92-15749 (1995), Operating Engineers Pension Trusts v. B & E Backhoe, Inc. (1990)
44 federal appellate · 6 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
Applies 29 U.S.C. § 1059 (§ 209 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. § 201 (American Samoa Labor Standards Amendments of 1956)
Relies on United States v. United States Gypsum Co. · Anderson v. Mt. Clemens Pottery Co. · Story Parchment Co. v. Paterson Parchment Paper Co. · Local 408, International Brotherhood of Teamsters v. National Labor Relations Board · Cherek v. United States
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 83 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“once the trustees produce evidence raising genuine questions about the accuracy of the employer's records and the number of hours worked by the employees, the burden shifts to the employer to come forward with evidence of the precise amount of work performed.”
3 later decisions quote this exact passage · from the majority“[a]n employer cannot escape liability for his failure to pay his employees the wages and benefits due to them under the law by hiding behind his failure to keep records as statutorily required.”
3 later decisions quote this exact passage · from the majority“in a sham effort to avoid collective bargaining obligations,”
3 later decisions 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.