Lewellyn v. Fleming’s Empirical Analysis
154 F.2d 211 · 1946
Citation profile
11 federal appellate · 5 state decisions
How this case has been cited
Cited by 24 later decisions — most recently April 1984
11 federal appellate · 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 Steele v. Louisville & Nashville Railroad · Elgin Ry Co v. Burley · Order of Railroad Telegraphers v. Railway Express Agency, Inc. · J. I. Case Co. v. National Labor Relations Board · Louisville & Nashville Railroad v. Mottley
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Congress was undoubtedly free to enact the Railway Labor Act in the exercise of its commerce powers, and the policy expressed therein cannot be thwarted or hindered by contracts between private parties. * * * Private contracts relating to matters affecting interstate commerce are necessarily made in contemplation of transcendent Congressional power to regulate all matters and activities in commerce or affecting commerce. And such contracts, when validly made, can be enforced only in a manner not to conflict with the expressed Congressional policy * * * but private contracts which relate to collective bargaining rights between the railroad and employee ‘may (not) be used to forestall bargaining or to limit or condition the terms of the collective agreement.’ * * * In our case, the collective agreement was prospective in its effect.””
1 later decision quote this exact passage · from the majority“Individual contracts, no matter what the circumstances that justify their execution or what their terms, may not be availed of ... to forestall bargaining or to limit or condition the terms of the collective agreement.”
1 later decision quote this exact passage · from the majority“undoubtedly included the authority to prospectively contract with reference to seniority rights of the members of the craft, whether members of the union or not”
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.