Fisher v. Combustion Engineering, Inc.’s Empirical Analysis
976 F.2d 293 · 1992
Citation profile
5 federal appellate ·
Relationships
Applies 28 U.S.C. § 1332 (Class Action Fairness Act of 2005) · 28 U.S.C. § 1441 · 29 U.S.C. § 1001 (§ 2 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)
Relies on Firestone Tire and Rubber Company v. Bruch · Pilot Life Insurance v. Dedeaux · Metropolitan Life Insurance v. Massachusetts · Bender v. Williamsport Area School District · Nicholas v. United States
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“preemption should apply to a state law claim only if Congress has provided a remedy for the wrong or wrongs asserted.” Perry, 872 F.2d at 162 , citing Dependahl v. Falstaff Brewing Corp., 653 F.2d 1208 (8th Cir.), cert, denied, 454 U.S. 968 , 102 S.Ct. 512 , 70 L.Ed.2d 384 , and cert. denied, 454 U.S. 1084 , 102 S.Ct. 641 , 70 L.Ed.2d 619 (1981). But as noted in Tolton v. American Biodyne, Inc., 48 F.3d 937 , 943 n. 5 (6th Cir.1995), Perry did not actually hold that a plaintiff could pursue a state law claim”
1 later decision quote this exact passage“[i]t is not the label placed on a state law claim that determines whether it is preempted, but whether in essence such a claim is for the recovery of an ERISA plan benefit.”
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.