Oxman v. WLS-TV’s Empirical Analysis
12 F.3d 652 · 1993
Citation profile
34 federal appellate · 1 district ·
How this case has been cited
Cited by 64 later decisions — most recently June 2017 · most notably Chiaramonte v. Fashion Bed Group, Inc. (1997), Giannopoulos v. Brach & Brock Confections, Inc. (1997)
34 federal appellate · 1 district ·
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 29 U.S.C. § 621 (§ 2 of the Age Discrimination in Employment Act of 1967)
Relies on McDonnell Douglas Corp. v. Green · Anderson v. City of Bessemer City · Price Waterhouse v. Hopkins · Rosenberg v. Comerica Bank · Bateman Eichler, Hill Richards, Inc. v. Berner
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 64 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“the specific reason[ ] advanced by the defendant” for his termination (Hughes v. Brown, 20 F.3d 745, 747 (7th Cir.1994)). That omission is particularly damaging in the RIF context (Oxman, 12 F.3d at 658 has said: "As a practical matter, direct evidence of discriminatory intent might be the only evidence that would convince a trier of fact that a corporate reorganization — particularly a large-scale one — was pretextual”
2 later decisions quote this exact passage · from the majority“the complaining party ... establish[es] that the missing witness was peculiarly in the power of the other party to produce. This can be shown in two ways: (1) that the witness is physically available only to the opponent; or (2) that the witness has a relationship with the opposing party that practically renders his testimony unavailable to the moving party.”
1 later decision quote this exact passage · from the majority“if a plaintiff convinces the trier of fact that it is more likely than not that the employer did not act for its proffered reasons the employer’s decision remains unexplained and the inferences from the evidence produced by the plaintiff may be sufficient to prove the ultimate fact of discriminatory intent.”
1 later decision 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.