green
Positive treatment
Quoted verbatim 1×
5.5 score
“the number of employers contrib uting to the plans declined, the number of orphaned miners increased, and the costs of health care soared.”
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997
2011
2026
Top citers, strongest first. 10 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
In re Patriot Coal Corp.
the number of employers contrib uting to the plans declined, the number of orphaned miners increased, and the costs of health care soared.
discussed
Cited "see"
Perryman v. Provident Life and Accident Ins. Co.
(2×)
See Canseco v. Construction Laborers Pension Trust of Southern California, 93 F.3d 600, 608 (9th Cir.1996) (Court noted that the principle that an ERISA plan administrator may not impose a condition for eligibility not imposed by the plan language has been extended to disability benefits.), cert. denied, 520 U.S. 1118 , 117 S.Ct. 1250 , 137 L.Ed.2d 331 (1997); Maronde v. Sumco USA Group Long-Term Disability Plan, 322 F.Supp.2d 1132, 1139 (D.Or.2004) ("Unless a plan contains specific requirements for objective medical evidence, a plan administrator cannot deny a claim for CFS simply because the…
discussed
Cited "see"
Thomas v. United States (In re Doncheff)
See generally In re Lady H Coal Co., 199 B.R. 595 -605 (S.D.W.Va.), aff'd, 99 F.3d 573 (4th Cir.1996), cert. denied, 520 U.S. 1118 , 117 S.Ct. 1251 , 137 L.Ed.2d 332 (1997) (“The well established rule that sales within a bankruptcy proceeding occur free and clear of any interest is founded upon the principle that good faith purchasers receive clean title to the property and that any claims against the property attach to the proceeds.”); In re M.
discussed
Cited "see"
Gaudiya Vaishnava Society v. City of Monterey
See Carpenter v. City and County of San Francisco, 93 F.3d 627, 629 (9th Cir.1996) (looking to California Constitution rather than federal Constitution to resolve issue concerning free exercise of religion), cert. denied, - U.S. -, 117 S.Ct. 1250 , 137 L.Ed.2d 331 (1997).
cited
Cited "see"
Thomas, Head and Greisen Employees Trust Ronald E. Greisen Senry P. Head v. Jack B. Buster, Janice Sue Buster AKA Janice Sue Johnson Thomas, Head and Greisen Employees Trust Ronald F. Greisen Henry P. Head v. Jack B. Buster, and Janice Sue Buster, AKA Janice Sue Johnson
See Canseco v. Construction Laborers Pensions Trust, 93 F.3d 600 , 609 (9th Cir.1996) (listing factors), cert. denied, 117 S.Ct. 1250 (1997).
discussed
Cited "see, e.g."
Gilbert Imported Hardwoods, Inc. v. Holland
See, e.g., In re Leckie Smokeless Coal Co., 99 F.3d 573 , 580 n. 9 (4th Cir.1996) cert denied, 520 U.S. 1118 , 117 S.Ct. 1251 , 137 L.Ed.2d 332 (1997)(stating that future liability of Chapter 11 debtor coal company under the Coal Act cannot be precisely stated).
discussed
Cited "see, e.g."
De Dios Cortes v. MetLife, Inc.
(2×)
See id.; Godfrey v. BellSouth Telecomms., Inc., 89 F.3d 755, 760-61 (11th Cir.1996) (holding that retroactive award of benefits proper remedy where district court made finding that claimant was disabled); see also Canseco v. Construction Laborers Pension Trust for S. Cal., 93 F.3d 600, 609-10 (9th Cir.1996), cert. denied, 520 U.S. 1118 , 117 S.Ct. 1250 , 137 L.Ed.2d 331 (1997) (concluding that remand appropriate where administrator erroneously construed plan provision, but not where no factual determinations remain to be made).
discussed
Cited "see, e.g."
Los Angeles Alliance for Survival v. City of Los Angeles
Vernon v. City of Los Angeles, 27 F.3d 1385, 1391-92 (9th Cir.1994), “Where the state constitutional provisions are co-extensive with related federal constitutional provisions, we may decide the federal constitutional claims because that analysis will also decide the state constitutional claims. [Citation], However, where the state provisions offer more expansive protection than the federal constitution, we must address the state constitutional claims in order to avoid unnecessary consideration of the federal constitutional claims.” Id.; see also Carpenter v. City and County of San Francis…
discussed
Cited "see, e.g."
Ficalora v. International Business Machines Corp.
See, e.g., Canseco v. Construction Laborers Pension Trust for Southern California, 93 F.3d 600, 605 (9th Cir.1996), cert. denied, 117 S.Ct. 1250 (1997) (trustee of plan "shall have the power to administer" the plan, including the power "to construe the provisions of the Plan" and "any such construction adopted in ... good faith shall be binding"); Patterson v. Hughes Aircraft Co., 11 F.3d 948 , 949 n. 1 (9th Cir.1993) (the plan administrator will issue a "written decision of approval or denial" including, in the event of denial a "clear reference to the Plan provisions upon which the denial is…
discussed
Cited "see, e.g."
Drattel v. Toyota Motor Corp.
A Federal statute impliedly preempts State law "when the scope of a statute indicates that Congress intended federal law to occupy a field exclusively * * * or when state law is in actual conflict with federal law” (Freightliner Corp. v Myrick, supra, 514 US, at 287 ; see also, Guice v Charles Schwab & Co., 89 NY2d 31, 39 , cert denied — US —, 117 S Ct 1250 ).
Retrieving the full opinion text from the archive…
Construction Laborers Pension Trust for Southern California
v.
Canseco
v.
Canseco
No. 96-1097.
Supreme Court of the United States.
Mar 17, 1997.
Published
Citer courts: E.D. Missouri (1)
C. A. 9th Cir. Certiorari denied.