884 F. Supp. 2d 261 - Solis v. Koresko’s Empirical Analysis
2012
Citation profile
1 district ·
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. § 1051 (§ 201 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1081 (§ 301 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1101 (§ 401 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1102 (§ 402 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1103 (§ 403 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1104 (§ 404 of the Employee Retirement Income Security Act of 1974)
Relies on Anderson v. Liberty Lobby, Inc. · Celotex Corporation v. Catrett H · Shaw v. Delta Air Lines, Inc. · Massachusetts Mutual Life Insurance v. Russell · Fort Halifax Packing Co. v. Coyne
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.
“(i)he 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) he 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 authority or responsibility to do so, or (iii) he has any discretionary authority or discretionary responsibility in the administration of such plan. Such term includes any person designated under section 1105(c)(1)(B) of this title.”
1 later decision quote this exact passage · from the majority“When a plan acquires or holds an interest in any entity (other than an insurance company licensed to do business in a State) which is established or maintained for the purpose of offering or providing any benefit described in section 3(1) or section 3(2) of the Act to participants or beneficiaries of the investing plan, its assets will include its investment and an undivided interest in the underlying assets of that entity.”
1 later decision quote this exact passage · from the majority“have an undivided beneficial interest in the corpus of the REAL VERA Trust (including employer contributions, insurance policy proceeds, and income therefrom) under the governing plan documents and are, therefore, plan assets to which fiduciary duties attach. The nature of any particular beneficiary’s interest in the assets of the REAL VEBA Trust is irrelevant to the inquiry of whether the Plans have assets.”
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.