Durkin v. Shone’s Empirical Analysis

Citation profile

3 district ·

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

1. “"It is stipulated that throughout the period involved in this litigation a portion of defendant's business has included the services of individuals referred to as `home workers' in typing of labels, addressing of envelopes and the preparation of Master Ditto Sheets, such work as a general rule being performed by those individuals in their respective homes. The principal business of the defendant is the processing and getting out of mail material. As a part of this work the homeworker typed labels and addressed envelopes. This is a service required by certain of the concerns who are customers of the defendant. If such work was not performed, the defendant would likely lose this business. * * * * * * The conclusion is inescapable from the foregoing facts that the homeworkers are doing work for the defendant which includes them in the statutory definition of employees under the Fair Labor Standards Act. See, Walling v. American Needlecrafts, 6 Cir., 139 F.2d 60 ; Walling v. Twyeffort, Inc., 2 Cir., 158 F.2d 944 ; Fleming v. Palmer, 1 Cir., 123 F.2d 749 , certiorari denied 316 U.S. 662 , 62 S.Ct. 942 , 86 L.Ed. 1739 ."”

   1 later decision quote this exact passage · from the majority
   e.g. 336 F. Supp. 1119 - Hodgson v. Rancourt