14 F. Supp. 2d 107 - Johnson v. DiMario’s Empirical Analysis
1998
Citation profile
11 district ·
How this case has been cited
Cited by 13 later decisions — most recently August 2018
11 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 28 U.S.C. § 1346 (Federal Tort Claims Act) · 28 U.S.C. § 2675
Relies on Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corporation · Harris v. Forklift Systems, Inc. · Goldsboro Christian Schools, Inc. v. United States · Mitchell v. Toledo Hospital · Bundy v. Jackson
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“There is a circuit split on [the issue of what constitutes adverse employment actions]. The Fifth and Eighth Circuits agree with the Fourth Circuit and hold that only adverse actions rising to the level of an ultimate employment decision are actionable under Title VII. See Ledergerber v. Stangler, 122 F.3d 1142, 1144 (8th Cir.1997); Mattern v. Eastman Kodak Co., 104 F.3d 702 (5th Cir.1997), cert. denied , — U.S. -, 118 S.Ct. 336 , 139 L.Ed.2d 260 . The First, Ninth, and Eleventh Circuits all conclude that Title VII’s protection against retaliatory discrimination extend to adverse actions which fall short of ultimate employment decisions. See Wyatt v. City of Boston, 35 F.3d 13, 15-16 (1st Cir.1994); Yartzoff v. Thomas, 809 F.2d 1371, 1375-1376 (9th Cir.1987); Wideman v. Wal-Mart Stores Inc., 141 F.3d 1453, 1456-57 (11th Cir.1998). Although the D.C. Circuit has never addressed this precise issue (indeed, it has expressly refused to decide the issue on two occasions, see Taylor v. FDIC, 132 F.3d 753, 764-65 (D.C.Cir.1997); Mungin v. Katten Muchin & Zavis, 116 F.3d 1549, 1555 (D.C.Cir.1997)), it has indicated that the Age Discrimination in Employment Act’s anti-retaliation clause, which is identical to Title VII’s, “does not limit its reach only to acts of retaliation that take the form of cognizable employment actions such as discharge, transfer or demotion.” Passer v. American Chem. Soc’y, 935 F.2d 322, 331 (D.C.Cir.1991). The Court thus concludes that our court of appeals wou”
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.