O'Reilly v. Ceuleers’s Empirical Analysis
912 F.2d 1383 · 1990
Citation profile
17 federal appellate · 4 district · 1 state decisions
Relationships
Applies 15 U.S.C. § 1011 (§ 1 of the McCarran-Ferguson Act) · 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. § 1104 (§ 404 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. § 1144 (§ 514 of the Employee Retirement Income Security Act of 1974) · 42 U.S.C. § 300E
Relies on Moses H. Cone Memorial Hospital v. Mercury Construction Corp. · Arizona v. Maricopa County Medical Society · Arkansas Public Service Commission v. Southwestern Bell Telephone Co. · Brown v. Blue Cross & Blue Shield of Alabama, Inc. · Howard v. Parisian, Inc.
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“a person is a fiduciary with respect to a plan to the extent (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 ány moneys or other property of such plan, or has any authority or responsibility to do so, or (iii) he has any discretionary authority or dis cretionary responsibility in the administration of such plan....”
2 later decisions quote this exact passage“‘Except as provided in subparagraph (B) [the deemer clause], nothing in this sub-chapter shall be construed to exempt or relieve any person from any law of any State which regulates insurance, banking, or securities,’ § 514(b)(2)(A), as set forth in 29 U.S.C. § 1144 (b)(2)(A) (savings clause). ‘Neither an employee benefit plan ... nor any trust established under such a plan, shall be deemed to be an insurance company or other insurer, bank, trust company, or investment company or to be engaged in the business of insurance or banking for purposes of any law of any State purporting to regulate insurance companies, insurance contracts, banks, trust companies, nor investment companies.’ § 514(b)(2)(B), as set forth in 29 U.S.C. § 1144 (b)(2)(B) (deemer clause).”
1 later decision quote this exact passage“A civil action may be brought— (1) by a participant or beneficiary (A) for the relief provided for in subsection (c) of this section (administrator’s refusal to supply information) or (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 his subchapter 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 subchapter or the terms of the plan; ....”
1 later decision quote this exact passage
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.