green
Positive treatment
Quoted verbatim 1×
7.0 score
“erisa imposes high standards of fiduciary duty upon those responsible for administering an erisa plan and investing and disposing of its assets.”
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993
2009
2026
Top citers, strongest first. 23 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
In Re Delphi Corp. Securities, Derivative & \ERISA\" Litigation"
erisa imposes high standards of fiduciary duty upon those responsible for administering an erisa plan and investing and disposing of its assets.
cited
Cited "see"
Delcastillo v. Odyssey Resource Management, Inc.
See Martin v. Feilen, 965 F.2d 660, 673 (8th Cir.1992), cert. denied, 506 U.S. 1054 , 113 S.Ct. 979 , 122 L.Ed.2d 133 (1993).
discussed
Cited "see"
Reich v. Hall Holding Co., Inc.
See Martin v. Feilen, 965 F.2d 660 (8th Cir.1992) (issuing permanent injunction against defendants who engaged in several transactions over several years and were “guilty of reprehensible self-dealing”), cert. denied sub nom, Henss v. Martin, 506 U.S. 1054 , 113 S.Ct. 979 , 122 L.Ed.2d 133 (1993); Beck v. Levering, 947 F.2d 639 (2d Cir.1991) (issuing permanent *765 injunction based on facts of Lowen v. Tower Asset Management, Inc., 829 F.2d 1209 (2d Cir.1987) (defendants caused retirement plans to lose over $20 million by-investing in numerous high-risk companies from which defendants rece…
cited
Cited "see"
Ince v. Aetna Health Management, Inc.
See Martin v. Feilen, 965 F.2d 660, 669 (8th Cir.1992), cert. denied, 506 U.S. 1054 , 113 S.Ct. 979 , 122 L.Ed.2d 133 (1993).
cited
Cited "see"
Ince v. Aetna Health Management
See Martin v. Feilen, 965 F.2d 660, 669 (8th Cir.1992), cert. denied, 506 U.S. 1054 , 113 S.Ct. 979 , 122 L.Ed.2d 133 (1993).
cited
Cited "see"
Brown v. American Life Holdings, Inc.
See Martin v. Feilen, 965 F.2d 660, 666 (8th Cir.1992), cert. denied, 506 U.S. 1054 , 113 S.Ct. 979 , 122 L.Ed.2d 133 (1993).
discussed
Cited "see"
21 Employee Benefits Cas. 2761, Pens. Plan Guide (Cch) P 23941u David W. Silverman, as Independent Fiduciary of the Unitron Graphics, Inc. Profit Sharing Trust and Unitron Graphics, Inc. Profit Sharing Trust-Union and Non-Union Division v. Mutual Benefit Life Insurance Company, Principal Mutual Life Insurance Company and Helene Gorny, Jacob Zucker and Aaron Fertig
See Mertens v. Hewitt Assocs., 508 U.S. 248, 255-59 , 113 S.Ct. 2063, 2068-70 , 124 L.Ed.2d 161 (1993) 9 The author of the opinion respectfully dissents from this ruling, believing that the evidence outlined above was sufficient to give rise to a material issue of fact to present to a jury 1 The Department of Labor also relies on Martin v. Feilen, 965 F.2d 660, 671 (8th Cir.1992), cert. denied, 506 U.S. 1054 , 113 S.Ct. 979 , 122 L.Ed.2d 133 (1993), which holds that "once the ERISA plaintiff has proved a breach of fiduciary duty and a prima facie case of loss to the plan or ill-gotten profit t…
discussed
Cited "see"
Milliken & Michaels of Arizona, Inc. v. Houseworth
See Kenneally v. Lungren, 967 F.2d 329, 333 (9th Cir.1992), cert. denied, 506 U.S. 1054 , 113 S.Ct. 979 , 122 L.Ed.2d 133 (1993) (stating that there is no opportunity to litigate constitutional claims when a state tribunal has been found incompetent by reason of bias); Hirsh, 67 F.3d at 713 (holding that abstention is inappropriate in the extraordinary circumstance that the state tribunal is biased).
cited
Cited "see"
Bruner v. Boatmen's Trust Co.
See Roth v. Sawyer-Cleator, 16 F.3d at 917 , citing Martin v. Feilen, 965 F.2d 660, 671 (8th cir. 1992), cert. denied, 506 U.S. 1054 , 113 S.Ct. 979 , 122 L.Ed.2d 133 (1993).
discussed
Cited "see"
John Doe, M.D. v. State of Connecticut, Department of Health Services, and Connecticut Medical Examining Board
See Kenneally v. Lungren, 967 F.2d 329, 334 (9th Cir.1992), (“[Rjefusal to settle, standing alone, cannot be construed as an indication of bias.”), cert. denied, 506 U.S. 1054 , 113 S.Ct. 979 , 122 L.Ed.2d 133 (1993).
discussed
Cited "see"
Marshall Martin, Jr., on Behalf of Himself and All Other Employees of the Ohio Turnpike Commission Similarly Situated v. Ohio Turnpike Commission
See Martin v. Ohio Turnpike Comm'n, 968 F.2d 606 (6th Cir.1992), cert. denied, 113 S.Ct. 979 (1993). [Hereinafter, Martin I.] 5 On the remand of the 1989 and 1992 claims, the district court restricted its evaluation to whether the 1989 and 1992 policies were more burdensome than the pre-1989 policies.
cited
Cited "see"
Mel M. Marin v. Kent Pederson, Municipal Court Clerk Michael B. Orfield Municipal Court Judge
See Kenneally v. Lungren, 967 F.2d 329, 331 (9th Cir. 1992), cert. denied, 113 S. Ct. 979 (1993).
cited
Cited "see"
Overland Express, Inc. v. Interstate Commerce Commission, Jasper Wyman & Son, Household Goods Carriers' Bureau, Inc., the Kroger Co., Intervenors
See Freightcor Services, Inc. v. Vitro Packaging, Inc., 969 F.2d 1563, 1570 (5th Cir.1992), cert. denied, - U.S. — —, 113 S.Ct. 979 , 122 L.Ed.2d 133 (1993).
discussed
Cited "see"
Brizendine v. Cotter & Company
See Freightcor Servs., Inc. v. Vitro Packaging, Inc., 965 F.2d 1339 (5th Cir.1992), withdrawn and op. replaced on reh'g, 969 F.2d 1563 (5th Cir.1992), cert. denied, --- U.S. ----, 113 S.Ct. 979 , 122 L.Ed.2d 133 (1993).
discussed
Cited "see"
In Re Fairchild Ind. & Gmf Inv. Erisa Litigation
See Martin v. Feilen, 965 F.2d 660 , 670 (8th Cir.1992), cert. denied, — U.S. —, 113 S.Ct. 979 , 122 L.Ed.2d 133 (1993); Sommers Drug Stores v. Corrigan Enters., Inc., 793 F.2d 1456, 1469 (5th Cir. 1986), cert. denied, 479 U.S. 1034 , 107 S.Ct. 884 , 93 L.Ed.2d 837 (1987); Leigh v. Engle, 727 F.2d 113, 125 (7th Cir.1984).
discussed
Cited "see"
Brizendine v. Cotter
See Freightcor Servs., Inc. v. Vitro Packaging, Inc., 965 F.2d 1339 (5th Cir.1992), withdrawn and op. replaced on reh’g, 969 F.2d 1563 (5th Cir.1992), ce rt. denied, — U.S.-, 113 S.Ct. 979 , 122 L.Ed.2d 133 (1993).
discussed
Cited "see, e.g."
Harley v. Minnesota Mining & Manufacturing Co.
See, e.g., Roth v. Sawyer-Cleator Lumber Co., 16 F.3d 915, 917 (8th Cir.1994) (citing Martin v. Feilen, 965 F.2d 660, 671 (8th Cir.1992), cert. denied, 506 U.S. 1054 , 113 S.Ct. 979 , 122 L.Ed.2d 133 (1993)).
discussed
Cited "see, e.g."
Faircloth v. Lundy Packing Co.
No. 383, 93d Cong., 2d Sess. (1974), reprinted, in 1974 U.S.C.C.A.N. 4890, 4983; see also Martin v. Feilen, 965 F.2d 660, 664 (8th Cir.1992) (“an ESOP places employee retirement assets at much greater risk than does the typical diversified ERISA plan”), cert. denied, 506 U.S. 1054 , 113 S.Ct. 979 , 122 L.Ed.2d 133 (1993); William R.
discussed
Cited "see, e.g."
20 Employee Benefits Cas. 2493, Pens. Plan Guide P 23923t Janice Fay Faircloth Evelyn D. Frederick Callweall W. Smiling v. Lundy Packing Company Annabelle L. Fetterman, Trustee Lundy Packing Company Stock Ownership Plan Mabel F. Held, Trustee Lundy Packing Company Stock Ownership Plan, and John Does, American Association of Retired Persons National Employment Lawyers Association, Amici Curiae
No. 383, 93d Cong., 2d Sess. (1974), reprinted in 1974 U.S.C.C.A.N. 4890, 4983; see also Martin v. Feilen, 965 F.2d 660, 664 (8th Cir.1992) ("an ESOP places employee retirement assets at much greater risk than does the typical diversified ERISA plan"), cert. denied, 506 U.S. 1054 , 113 S.Ct. 979 , 122 L.Ed.2d 133 (1993); William R.
discussed
Cited "see, e.g."
Robert B. Reich, Secretary of the United States Department of Labor v. Jerry D. Lancaster, Jerry D. Lancaster and Jerry D. Lancaster & Associates, Inc. v. Plumbers & Pipefitters Local 454 Health & Welfare Fund
See, e.g., Martin v. Feilen, 965 F.2d 660, 669 (8th Cir.1992) (accountants who provided professional accounting services were fiduciaries of ESOP where they not only provided professional accounting services but also recommended transactions, structured deals, and provided investment advice to such an extent that they exercised effective control over the plan's assets and used their positions as corporate insiders to involve the plan in transactions in which they had a personal interest), cert. denied, --- U.S. ----, 113 S.Ct. 979 , 122 L.Ed.2d 133 (1993).
discussed
Cited "see, e.g."
Reich v. Lancaster
See, e.g., Martin v. Feilen, 965 F.2d 660, 669 (8th Cir.1992) (accountants who provided professional accounting services were fiduciaries of ESOP where they not only provided professional accounting services but also recommended transactions, structured deals, and provided investment advice to such an extent that they exercised effective control over the plan’s assets and used their positions as corporate insiders to involve the plan in transactions in which they had a personal interest), cert. denied, — U.S. -, 113 S.Ct. 979 , 122 L.Ed.2d 133 (1993).
discussed
Cited "see, e.g."
Richmond, Fredericksburg & Potomac R. Co. v. Forst
Gibson v. Berryhill, 411 U.S. 564, 577 , 93 S.Ct. 1689, 1697 , 36 L.Ed.2d 488 (1973). 16 28 The district court set forth the appropriate three-part test for applying Younger abstention: 29 (1) is there an ongoing state judicial proceeding; (2) do the proceedings implicate important state interests; [and] (3) is there an adequate opportunity in the state proceedings to raise federal claims. 30 RF & P IV, 797 F.Supp. at 497 (citing Middlesex County, 457 U.S. at 433 , 102 S.Ct. at 2522 ); see also Kenneally v. Lungren, 967 F.2d 329, 331 (9th Cir.1992), cert. denied, --- U.S. ----, 113 S.Ct. 979 ,…
discussed
Cited "see, e.g."
Richmond, Fredericksburg & Potomac Railroad v. Forst
RF & P IV, 797 F.Supp. at 497 (citing Middlesex County, 457 U.S. at 433 , 102 S.Ct. at 2522 ); see also Kenneally v. Lungren, 967 F.2d 329, 331 (9th Cir.1992), cert. denied, — U.S. -, 113 S.Ct. 979 , 122 L.Ed.2d 133 (1993).
Retrieving the full opinion text from the archive…
Martin
v.
Ohio Turnpike Commission
v.
Ohio Turnpike Commission
No. 92-846.
Supreme Court of the United States.
Jan 11, 1993.
Published
Citer courts: E.D. Michigan (1)
C. A. 6th Cir. Certiorari denied.