Gallagher v. Gallagher’s Empirical Analysis
2001
Citation profile
Relationships
Applies 29 U.S.C. § 621 (§ 2 of the Age Discrimination in Employment Act of 1967)
Relies on Spencer v. Brown · Brass v. American Film Technologies, Inc. · Sheppard v. Beerman · Trevino v. Celanese Corp. · Barrow v. New Orleans Steamship Ass'n
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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“To sufficiently plead that a plaintiff is an employee of a particular entity under [the] NYSHRL, a plaintiff must allege that the proposed employer: had the power of selection and engagement of the employee; made the payment of salary and wages to the employee; had the power of dismissal over the employee; and had the power to control the employee's conduct.”
1 later decision quote this exact passagee.g. Popat v. Levy“The most important consideration in this analysis is whether the alleged employer exercised control over the employee's conduct and the incidents of his employment.”
1 later decision quote this exact passagee.g. Popat v. Levy
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.