Dailey v. Societe Generale’s Empirical Analysis
108 F.3d 451 · 1997
Citation profile
28 federal appellate · 6 district · 4 state decisions
How this case has been cited
Cited by 96 later decisions — most recently September 2020 · most notably Greenway v. Buffalo Hilton Hotel (1998), Joseph De Falco v. John Bernas (2001)
28 federal appellate · 6 district · 4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 42 U.S.C. § 2000E (§ 701 of the Title VII of the Civil Rights Act of 1964) · 42 U.S.C. § 2000E (§ 706 of the Title VII of the Civil Rights Act of 1964)
Relies on Ford Motor Co. v. Equal Employment Opportunity Commission · Local 28 of the Sheet Metal Workers' International Ass'n v. Equal Employment Opportunity Commission · National Labor Relations Board v. Gullett Gin Co. · Hunter v. Allis-Chalmers Corp. · Metromedia Co. v. Fugazy
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 96 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A plaintiff has a duty to mitigate damages by using reasonable care and diligence in seeking suitable alternative employment. A plaintiff need not go into another line of work, accept a demotion or take a demeaning position but must use reasonable care and diligence in seeking a job substantially equivalent to the one that was lost. While a plaintiff who abandons her willingness to search for and return to work and chooses to attend school instead generally does not meet her duty to mitigate damages during the time she is in school, a plaintiff who chooses to attend school only when diligent efforts to find work proved fruitless or who continues to search for work even while enrolled in school does meet her duty to mitigate.”
2 later decisions quote this exact passage · from the majority“[T]he central question a court must consider when deciding whether a student-claimant has mitigated her damages is whether an individual's furtherance of [her] education is inconsistent with [her] responsibility to use reasonable diligence in finding other suitable employment.”
2 later decisions quote this exact passage · from the majoritye.g. Meacham v. Knolls Atomic Power Laboratory · Kimberly Miller v. At&t Corporation, a Foreign Corporation, Equal Employment Advisory Council Chamber of Commerce, of the United States of America Secretary of Labor Communications Workers of America, Afl-Cio, Amici Curiae. Kimberly Miller v. At&t Corporation, a Foreign Corporation, Equal Employment Advisory Council Chamber of Commerce, of the United States of America Secretary of Labor Communications Workers of America, Afl-Cio, Amici Curiae“mitigate her damages by using 'reasonable diligence in finding other suitable employment' .... is not onerous, and does not require [her] to be successful in mitigation.”
2 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.