Birmingham v. Bartels’s Empirical Analysis
157 F.2d 295 · 1946
Citation profile
12 federal appellate · 3 district ·
How this case has been cited
Cited by 23 later decisions (3 by the Supreme Court) — most recently March 1994
12 federal appellate · 3 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.
Appellate journey
Relationships
Relies on National Labor Relations Board v. Hearst Publications, Inc. · Moline Properties, Inc. v. Commissioner · Higgins v. Smith · Griffiths v. Helvering · Weiss v. Stearn
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The Regulations defining employer-employee relationship Cor social-security-tax purposes, Treasury Regulations 106, § 402.204, Treasury Regulations 107, § 403.-204, promulgated under the authority of 26 U.S.C.A.Int.Rev.Code, §§ 1429, 1609, provide : ‘Every individual is an employee if the relationship between hi«n and the person for whom he performs services is the legal relationship of employer and employee. Generally such relationship exists when the person for whom services are performed has the right to control and direct the individual who performs the services, not only as to the result to be accomplished by the work but also as to the details and means by which that result is accomplished 'That is, an employee is subject to the will and control of the employer not only as to what shall be done but how it shall be done. In this connection, it is not necessary that the employer actually direct or control the manner in which the services are performed ; it is sufficient if he has the right to do so. The right to discharge is also an important factor indicating that the person possessing that right is an employer. Other factors characteristic of an employer, but not necessarily present in every case, are the furnishing of tools and the furnishing of a place to work, to the individual who performs the services. In general, if an individual is subject to the control or direction of another merely as to the result to be accomplished by the work and not as to the means and me”
2 later decisions 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.