Dush v. Appleton Electric Co.’s Empirical Analysis
124 F.3d 957 · 1997
Citation profile
48 federal appellate · 5 district · 3 state decisions
How this case has been cited
Cited by 76 later decisions — most recently August 2013 · most notably 60 Cal. App. 4th 171 - Jackson v. County of Los Angeles (1997), Griffith v. Wal-Mart Stores, Inc. (1998)
48 federal appellate · 5 district · 3 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 Anderson v. Liberty Lobby, Inc. · Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corporation · Henderson v. Brown · Johnson v. Mississippi · Fort Wayne Books, Inc. v. Indiana
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 76 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“in the light most favorable to the nonmoving party.”
7 later decisions quote this exact passage · from the majoritye.g. Charles Naucke Theresa Naucke John Duval v. City of Park Hills James Link, Personally and in His Official Capacity as City Administrator for the City of Park Hills, Wheaton Usa, Inc., a New Jersey Corporation, Charles Naucke John Duvall v. City of Park Hills, James Link, Personally and in His Official Capacity as City Administrator for the City of Park Hills, Wheaton Usa, Inc., a New Jersey Corporation · 358 F. Supp. 2d 843 - Glasgow Enterprises, Inc. v. ROSS AND SONS PLUMBING CO.“In evaluating whether a genuine issue of material fact exists to show that a person was, at relevant times, a qualified individual with a disability, special attention must be given to the circumstances surrounding the case. Where, as here, the party opposing the motion has made sworn statements attesting to her total disability and has actually received payments as a result of her condition, the courts should carefully scrutinize the evidence she marshals in an attempt to show she is covered by the ADA. The burden faced by ADA claimants in this position is, by their own making, particularly cumbersome, for summary judgment should issue unless there is “strong countervailing evidence that the employee ... is, in fact, qualified.” Mohamed [v. Marriott Int'l, Inc.,] 944 F.Supp. 277, 282 (S.D.N.Y.1996). Typically, “the prior representations [of total disability] carry sufficient weight to grant summary judgment against the plaintiff.””
3 later decisions quote this exact passage · from the majority“Nevertheless, a court of law must venture beyond such sweeping abstractions and ask various questions which, without a doubt, will fail to produce the sort of emotional thunder often engendered by broadly worded statements of remedial intent, but which are indispensable to a meaningful application of a statute. One query requires us to ponder who, in fact, are the intended beneficiaries of a law[.]”
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.