Lee v. Burkhart’s Empirical Analysis

Citation profile

49 federal appellate · 23 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 193 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “— to obtain relief from an administrator who fails to supply requested information, 29 U.S.C. § 1132 (a)(1)(A); — to “recover benefits due to [the beneficiary ... ] 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,” 29 U.S.C. § 1132 (a)(1)(B); — to obtain “appropriate relief under Section [409]” of ERISA which imposes personal liability on fiduciaries who breach their fiduciary duties, 29 U.S.C. § 1132 (a)(2); — “to enjoin any act or practice which violates any provision of [ERISA] or the terms of the plan, or ... to obtain other appropriate equitable relief ... to redress such violations or ... to enforce any provisions of [ERISA] or the terms of the plan,” 29 U.S.C. § 1132 (a)(3); — to obtain appropriate relief for failure of a plan administrator to provide a statement setting forth information in the administrator’s report to the Internal Revenue Service [“IRS”], 29 U.S.C. § 1132 (a)(4).”

   4 later decisions quote this exact passage · from the majority
   e.g. Klecher v. Metropolitan Life Insurance · 186 F. Supp. 2d 438 - Kishter v. Principal Life Insurance

2. “§ 1132. Civil enforcement (a) Persons empowered to bring a civil action. A civil action may be brought— (1) by a participant or beneficiary'— (A) for the relief provided for in subsection (c) of this section [concerning the administrator’s refusal to supply requested 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; (2) by the Secretary, or by a participant, beneficiary or fiduciary for appropriate relief under section 409 [ 29 U.S.C. § 1109 ] [breach of fiduciary duty]; (3) by a participant, beneficiary, or fiduciary (A) to enjoin any act or practice which violates any provision of this title or the terms of the plan, or (B) to obtain other appropriate equitable relief (I) to redress such violations or (ii) to enforce any provisions of this title or the terms of the plan....”

   3 later decisions quote this exact passage · from the majority
   e.g. 383 F. Supp. 2d 413 - Seneca Beverage Corp. v. HealthNow New York, Inc. · 872 F. Supp. 1094 - Hall v. United Technologies, Corp.

3. “[t]he complaint does not ... seek equitable relief; rather, it asks for damages. Money damages are generally unavailable under this section. The plain language of the statute does not provide for monetary relief and a review of the legislative history confirms that Congress did not contemplate that this phrase [“appropriate equitable relief’] would include an award of money damages.”

   2 later decisions quote this exact passage · from the majority
   e.g. Walsh v. Eastman Kodak Co. · 47 F. Supp. 2d 401 - Cerasoli v. Xomed, Inc.