Lister v. Stark’s Empirical Analysis
890 F.2d 941 · 1989
Citation profile
57 federal appellate · 9 district · 5 state decisions
How this case has been cited
Cited by 152 later decisions — most recently June 2019 · most notably Bartholet v. REISHAUER A.G. (1992), Memorial Hospital System v. Northbrook Life Insurance (1990)
57 federal appellate · 9 district · 5 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 28 U.S.C. § 1331 · 28 U.S.C. § 1441 · 29 U.S.C. § 1102 (§ 402 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1132 (§ 502 of the Employee Retirement Income Security Act of 1974)
Relies on Hishon v. King & Spalding · Franchise Tax Board of the State of California v. Construction Laborers Vacation Trust for Southern California · Pilot Life Insurance v. Dedeaux · Caterpillar Inc. v. Williams · Metropolitan Life Insurance v. Taylor
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 152 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“... the complete preemption doctrine is not [at bottom] a preemption doctrine [at all] but rather a federal jurisdiction doctrine. Thus, a case must be remanded to state court if the sole basis for federal jurisdiction is a preemption defense and if the federal court finds that the preemption is insufficiently complete to confer federal question jurisdiction. This jurisdictional decision by the federal court does not preclude the state court from finding that the state law cause of action is preempted by federal law. In such an event the state court will simply apply federal law in resolving the dispute.”
6 later decisions quote this exact passage · from the majority“(a) Persons empowered to bring a civil action A civil action may be brought (1)by a participant or beneficiary (B) to recover benefits due to him under the terms of his plan, to enforce his rights under the terms of the plan, or to clarify his rights to future benefits under the terms of the plan. (3) by a participant, beneficiary or fiduciary, (A) to enjoin any act or practice which violates any provision of this title or the terms of the plan, or (B) to obtain other appropriate equitable relief (i) to redress such violations or (ii) to enforce any provision of this title or the terms of the plan.”
4 later decisions quote this exact passage · from the majority“[T]he availability of a federal remedy is not a prerequisite for federal preemption”
4 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.