Brock v. Hendershott’s Empirical Analysis
840 F.2d 339 · 1988
Citation profile
42 federal appellate · 11 district · 1 state decisions
How this case has been cited
Cited by 97 later decisions — most recently January 2019 · most notably Diduck v. Kaszycki & Sons Contractors, Inc. (1992), Nieto v. Ecker (1988)
42 federal appellate · 11 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. § 1001 (§ 2 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1002 (§ 3 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1106 (§ 406 of the Employee Retirement Income Security Act of 1974)
Relies on 485 F. Supp. 629 - Freund v. Marshall & Ilsley Bank · Jacobsen v. Filler · Donovan v. Mercer · Wolfel 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 97 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(i) exercises any discretionary authority or discretionary control respecting.management of such plan or exercises any authority or control respecting management or disposition of its assets; (ii) renders investment advice for a fee or other compensation, direct or indirect, with respect to any moneys or other property of such plan, or has any discretionary authority or responsibility to do so; or (iii) has any discretionary authority or discretionary responsibility in the administration of such plan.”
5 later decisions quote this exact passage · from the majority“[A] nonfiduciary's knowledge of the breach can be inferred from surrounding circumstances raising a reasonable inference of knowledge.”
2 later decisions quote this exact passage · from the majority“[t]his approach was carefully held not to be applicable to prisoners proceeding without counsel since they often have little choice in proceeding on their own behalf.”
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.