Donovan v. Bierwirth

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “[m]easuring damages involves the application of law to fact; the proper formula for calculating damages is essentially a question of law”
• finding ERISA requires a breaching fiduciary to restore a plan to the position it would have been in but for that fiduciary’s unlawful conduct
• “This is nothing more than application of the principle that, once a breach of trust is established, uncertainties in fixing damages will be resolved against the wrongdoer”
• remedy for breach of trust is to restore beneficiaries to position they would have been in had no breach occurred
• “The chief issue presented for our review concerns the applicable measure of damages.”
• “In such cases, it may well be that the best measure of damages is one that awards the plaintiff the difference between what was paid for the stock, and what would have been paid had the plaintiff been aware of the concealed information.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

106 cases in this archive cite this case; the 20 most cited are listed.

• Trustees of the Upstate New York Engineers Pension Fund v. Ivy Asset Management
  Second Circuit· 2016-12-08· cited 353×
• Sacerdote v. New York University
  Second Circuit· 2021-08-16· cited 299×
• Coyne & Delany Co. v. Selman
  Fourth Circuit· 1996-10-25· cited 184×
• Martin v. Feilen
  Eighth Circuit· 1992-06-03· cited 174×
• Graden v. Conexant Systems Inc.
  Third Circuit· 2007-07-31· cited 161×
• In Re Enron Corp. Securities, Derivative & ERISA
  S.D. Texas· 2003-10-16· cited 114×
• Brown v. Medtronic, Inc.
  Eighth Circuit· 2010-12-13· cited 112×
• Fed. Sec. L. Rep. P 93,906 Herbert J. Rowe, Cross-Appellants v. Maremont Corporation, Cross-Appellee
  Seventh Circuit· 1988-08-04· cited 102×
• Leister v. Dovetail, Inc.
  Seventh Circuit· 2008-10-23· cited 77×
• Meinhardt v. Unisys Corp.
  Third Circuit· 1999-03-22· cited 76×
• Unnamed case
  Second Circuit· 2002-08-20· cited 70×
• Taylor v. KeyCorp
  Sixth Circuit· 2012-05-25· cited 64×
• Thomas Perez, Secretary v. Herbert Bruister
  Fifth Circuit· 2016-05-03· cited 53×
• Liss v. Smith
  S.D. New York· 1998-01-13· cited 52×
• Kinek v. Paramount Communications, Inc.
  Second Circuit· 1994-04-28· cited 50×
• Gerald G. Roth Logan M. Ammon v. Sawyer-Cleator Lumber Company, Employee Stock Ownership Plan Charles J. Sawyer Clifford E. Sawyer
  Eighth Circuit· 1995-09-20· cited 47×
• Charles W. Leigh & Ervin F. Dusek, and Estate of George Johnson, Intervening Cross-Appellees v. Clyde William Engle, Cross-Appellants
  Seventh Circuit· 1988-09-30· cited 43×
• Greenblatt v. Prescription Plan Services Corp.
  S.D. New York· 1992-03-23· cited 37×
• Owner-Operator Independent Drivers Ass'n, Inc. v. Arctic Exp., Inc.
  S.D. Ohio· 2003-10-22· cited 37×
• Reich v. Valley National Bank of Arizona
  S.D. New York· 1993-09-10· cited 36×