Bostron v. Apfel’s Empirical Analysis

Citation profile

5 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Whenever a motion for a judgment as a matter of law made at the close of all the evidence is denied or for any reason is not granted, the court is deemed to have submitted the action to the jury subject to a later determination of the legal questions raised by the motion. Such a motion may be renewed by service and filing not later than thirty (30) days after entry of judgment. A motion for a new trial under Rule 59 may be joined with a renewal of the motion for a judgment as a matter of law, or a new trial may be requested in the alternative. If a verdict was returned, the court may, in disposing of the renewed motion, allow the judgment to stand or may reopen the judgment and either order a new trial or direct the entry of judgment as a matter of law. If no verdict was returned the court may, in disposing of the renewed motion, direct the entry of judgment as a matter of law or may oi’der a new trial.””

   1 later decision quote this exact passage
   e.g. Fielder v. Chandler

2. ““If the court does not grant a motion for judgment as a matter of law made under Rule 50(a), the court is considered to have submitted the action to the jury subject to the court’s later deciding the legal questions raised by the motion. No later than 28 days after the entry of judgment — or if the motion addresses a jury issue not decided by a verdict, no later than 28 days after the jury was discharged — the movant may file a renewed motion for judgment as a matter of law and may include an alternative or joint request for a new trial under Rule 59. In ruling on the renewed motion, the court may: “(1) allow judgment on the verdict, if the jury returned a verdict; “(2) order a new trial; or “(3) direct the entry of judgment as a matter of law.””

   1 later decision quote this exact passage
   e.g. Fielder v. Chandler

3. “[Statistical evidence in a disparate treatment case, in and of itself, rarely suffices to rebut an employer’s legitimate nondiscriminatory rationale for [an adverse employment action].... This is because a company’s overall employment statistics will, in at least many cases, have little direct bearing on the specific intentions of the employer when [taking an adverse employment action] .... Without any indication of a connection between the statistics, the practices of an employer, and the employee’s case, statistics alone are likely to be inadequate to show that the employer’s decision [to take the adverse action against] the employee was imper-missibly based on [illegitimate criterion].”

   1 later decision quote this exact passage
   e.g. 405 F. Supp. 2d 631 - Wright v. North Carolina Department of Health & Human Services