Bricklayers & Allied Craftsmen International Union Local 33 Benefit Funds v. America's Marble Source, Inc.’s Empirical Analysis

Citation profile

6 federal appellate · 4 district · 6 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Insofar as the WPCL authorizes the liability of [the company] or of its directors and officers for unpaid employee benefit plan obligations, it obviously relates, refers, and pertains to the underlying employee benefit plans. The WPCL itself explicitly includes ERISA plans within its scope. [ See ] 43 Pa.Stat.Ann. § 260.2a (1985 Supp.). Indeed, the very existence of liability for unpaid pension contributions is, in the first instance, a result of the federal scheme. Plaintiffs would be able to determine the amount of any recovery under the WPCL only by reference to the benefit plans and the provisions of ERISA. .... Moreover, the WPCL, as invoked by plaintiffs, does not merely relate to [the company's] pension plans, it competes with the mechanism that Congress carefully established in ERISA itself. Congress set in place particular processes for the recovery of delinquent contributions: [ERISA] places the obligation for funding and the penalty for underfunding on the person on whom it belongs — namely, the employer.”

   2 later decisions quote this exact passage · from the majority
   e.g. Bellemead Development Corp. v. New Jersey State Council of Carpenters Benefit Funds · 11 F. Supp. 2d 500 - Bellemead Dev. v. NJ COUNCIL, CARP. BEN. FUNDS

2. “The Fringe Benefit Act creates a new cause of action and expands liability so as to help ensure the funding of ERISA plans. Funding is not a tenuous, remote or peripheral component of ERISA plans.”

   2 later decisions quote this exact passage · from the majority
   e.g. Bellemead Development Corp. v. New Jersey State Council of Carpenters Benefit Funds · 11 F. Supp. 2d 500 - Bellemead Dev. v. NJ COUNCIL, CARP. BEN. FUNDS

3. “termed fringe benefits is somewhat disingenuous. The category of funds to which the New Jersey Construction Workers' Fringe Benefit Security Act at issue in that case applied consisted”

   2 later decisions quote this exact passage · from the majority
   e.g. Sajid Syed v. Hercules Inc Hercules Incorporated Income Protection Plan Hercules Incorporated · Syed v. Hercules Inc.