Sikora v. UPMC’s Empirical Analysis
876 F.3d 110 · 2017
Citation profile
1 district ·
Relationships
Applies 28 U.S.C. § 1291 · 28 U.S.C. § 1331 · 29 U.S.C. § 1101 (§ 401 of the Employee Retirement Income Security Act of 1974)
Relies on Skidmore v. Swift & Co. · Kost v. Kozakiewicz · Pane v. Rca Corporation · New Valley Corporation v. New Valley Corporation · Demery v. Extebank Deferred Compensation Plan
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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The First Circuit has expressed a different view, one which is in tension with the positions taken by the Second, Sixth, and Ninth Circuits. In Alexander v. Brigham & Women's Physicians Org., Inc. , that court declined 'the appellant's invitation to depart from the plain language of the statute and jerry-build onto it a requirement of individual bargaining power.' Alexander v. Brigham & Women's Physicians Org., Inc. , 513 F.3d 37 , 47 (1st Cir. 2008).... We agree with the First Circuit's approach.”
1 later decision quote this exact passage · from the majoritye.g. Browe v. CTC Corp.“having three elements: (1) 'the plan [must] be unfunded'; (2) it must 'exhibit the required purpose'; and (3) 'it must also cover a 'select group' of employees.”
1 later decision quote this exact passage · from the majoritye.g. Browe v. CTC Corp.“is therefore entitled to persuasive deference under Skidmore v. Swift & Co. , 323 U.S. 134 , 65 S.Ct. 161 , 89 L.Ed. 124 (1944).”
1 later decision quote this exact passage · from the majoritye.g. Browe v. CTC Corp.
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.