Horn’s Empirical Analysis

Citation profile

7 federal appellate · 3 district · 1 state decisions

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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “there is no requirement that documents claimed to collectively form the employee benefit plan be formally labelled as such,”

   3 later decisions quote this exact passage · from the majority
   e.g. John D. Allison William C. Hopkins, Jr. Galen G. McFayden Kirk R. Peterson Julie E. Peterson John W. Latta Nanette B. Latta James T. Link, Plaintiffs-Counter-Defendants-Appellants v. Bank One-Denver, Formerly Known as Affiliated National Bank-Denver, Formerly Known as Denver National Bank, a National Banking Association, Defendant-Counter-Claimant-Appellee. Roger K. Crosby, Trustee of the Trust Created Under the Crosby Group, Inc. Profit Sharing Plan v. Bank One-Denver, Formerly Known as Affiliated National Bank-Denver, Formerly Known as Denver National Bank, a National Banking Association, John D. Allison William C. Hopkins, Jr. Galen G. McFayden Kirk R. Peterson Julie E. Peterson John W. Latta Nanette B. Latta James T. Link, Plaintiffs-Counter-Defendants-Cross-Appellees v. Bank One-Denver, Formerly Known as Affiliated National Bank-Denver, Formerly Known as Denver National Bank, a National Banking Association, Defendant-Counter-Claimant-Cross-Appellant. Roger K. Crosby, Trustee of the Trust Created Under the Crosby Group, Inc. Profit Sharing Plan, Plaintiff-Cross-Appellee v. Bank One-Denver, Formerly Known as Affiliated National Bank-Denver, Formerly Known as Denver National Bank, a National Banking Association, Defendant-Cross-Appellant. John D. Allison William C. Hopkins, Jr. Galen G. McFayden Kirk R. Peterson Julie E. Peterson John W. Latta Nanette B. Latta James T. Link, Plaintiffs-Counter-Defendants-Appellees v. Bank One-Denver, Formerly Known as Affiliated National Bank-Denver, Formerly Known as Denver National Bank, a National Banking Association, Defendant-Counter-Claimant-Appellant. Roger K. Crosby, Trustee of the Trust Created Under the Crosby Group, Inc. Profit Sharing Plan, Plaintiff-Appellee-Cross-Appellant v. Bank One-Denver, Formerly Known as Affiliated National Bank-Denver, Formerly Known as Denver National Bank, a National Banking Association, Defendant-Appellant-Cross-Appellee · Allison v. K

2. “The present case is distinguishable [from Cheng]. Here, defendants dismissed their counterclaim with the understanding it would be reinstated if this court set aside the order granting summary judgment on the underlying action. In contrast to Cheng, however, the revivable claim was solely for indemnification, entirely dependent upon plaintiffs’ success in the underlying action. It could not have been heard by the district court after the court granted summary judgment for defendants. There were, in sum, no claims left for the district court to hear after granting summary judgment against the plaintiffs.”

   1 later decision quote this exact passage · from the majority
   e.g. Dannenberg v. Software Toolworks Inc.

3. “[n]o additional formalities are required.”

   1 later decision quote this exact passage · from the majority
   e.g. Cinelli v. Security Pacific Corp.