Berry v. Garza’s Empirical Analysis
919 F.2d 87 · 1990
Citation profile
7 federal appellate · 2 district ·
Relationships
Applies 29 U.S.C. § 1132 (§ 502 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1145 (§ 515 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 157 (§ 7 of the National Labor Relations Act) · 29 U.S.C. § 158 (§ 8 of the National Labor Relations Act) · 29 U.S.C. § 159 (§ 9 of the National Labor Relations Act) · 29 U.S.C. § 160 (§ 10 of the National Labor Relations Act) · 29 U.S.C. § 186 (§ 302 of the Labor Management Relations Act of 1947 (Taft-Hartley Act))
Relies on Kaiser Steel Corp. v. Mullins · International Ladies' Garment Workers' Union v. National Labor Relations Board · Laborers Health & Welfare Trust Fund v. Advanced Lightweight Concrete Co. · Central States, Southeast & Southwest Areas Pension Fund v. Gerber Truck Service, Inc. · Benson v. Brower's Moving & Storage, 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“once an employer knowingly signs an agreement that requires him to contribute to an employee benefit plan, he may not escape his obligation by raising defenses that call into question the union's ability to enforce the contract as a whole”
2 later decisions quote this exact passage · from the majority“knowingly entered into a facially valid collective bargaining agreement with the Union, he is now estopped from raising the defense of lack of majority status to avoid his obligation to the [ERISA] Fund.”
2 later decisions quote this exact passage · from the majoritye.g. Ken MacKillop Kathy Morris Ken Gabriel Carl Wojciechowski Harold Carlson, as Trustees for the Oregon Federation of Butchers Pension Trust v. Lowe's Market, Inc., D/B/A St. Helens Shop N' Kart, Ken MacKillop Kathy Morris Darrel Coffey Carl Wojciechowski Arthur Dulemba Robert Hewett, as Trustees for the Oregon Federation of Butchers Pension Trust v. Lowe's Market, Inc., an Oregon Corporation, D/B/A St. Helens Shop N' Kart · Mackillop
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.