Serapion v. Martinez’s Empirical Analysis
119 F.3d 982 · 1997
Citation profile
37 federal appellate · 106 district · 5 state decisions
How this case has been cited
Cited by 163 later decisions — most recently August 2023 · most notably DeNovellis v. Shalala (1997), Noviello v. City of Boston (2005)
37 federal appellate · 106 district · 5 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
Relies on Hishon v. King & Spalding · Robinson v. Shell Oil Co. · Lorillard v. Pons · United States 77-1359 v. Kimbell Foods Inc · Nationwide Mutual Insurance v. Darden
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 163 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[sjummary judgment is a means of determining whether a trial is actually required. It is appropriately granted when the record shows that no genuine issue of material fact exists and that the moving party is entitled to judgment as a matter of law. Thus, in order to defeat a properly crafted summary judgment motion, the party opposing it must demonstrate that a trialworthy issue looms as to a fact which could potentially affect the outcome of the suit.”
8 later decisions quote this exact passage · from the concurrence“We regard Title VII, ADEA, ERISA, and FLSA as standing in pari passu and endorse the practice of treating judicial precedents interpreting one such statute as instructive in decisions involving another.”
4 later decisions quote this exact passage · from the majority“Under the [ownership] category, relevant factors include investment in the firm, ownership of firm assets, and liability for firm debts and obligations. To the extent that these factors exist, they indicate a proprietary role; to the extent that they do not exist, they indicate a status more akin to that of an employee. Under the [remuneration] category, the most relevant factor is whether (and if so, to what extent) the individual’s compensation is based on the firm’s profits. To the extent that a partner’s remuneration is subject to the vagaries of the firm’s economic fortunes, her status more closely resembles that of a proprietor; conversely, to the extent that a partner is paid on a straight salary basis, the argument for treating her as an ordinary employee will gain strength. A second potentially relevant factor in this regard relates to fringe benefits. An individual who receives benefits of a kind or in an amount markedly more generous than similarly situated employees who possess no ownership interest is more likely to be a proprietor. Under the [management] category, relevant factors include the right to engage in policymaking; participation in, and voting power with regard to, firm governance; the ability to assign work and to direct the activities of employees within the firm; and the ability to act for the firm and its principals. Once again, to the extent that these factors exist, they indicate a proprietary role.”
1 later decision quote this exact passage · from the concurrence
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.