Fernandez v. Windmill Distributing Co.’s Empirical Analysis
2016
Citation profile
1 district ·
Relationships
Applies 29 U.S.C. § 2601 (§ 2 of the Family and Medical Leave Act of 1993) · 29 U.S.C. § 2611 (§ 101 of the Family and Medical Leave Act of 1993)
Relies on Anderson v. Liberty Lobby, Inc. · Bell Atlantic Corp. v. Twombly · McDonnell Douglas Corp. v. Green · Ashcroft v. Iqbal · Foman v. Davis
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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“With respect to interference claims under the FMLA, [the Second Circuit] has 'formally adopt[ed]' the 'standard regularly used by district courts of this Circuit'- ... that is, that to prevail on an interference claim, a plaintiff must establish: 1) that she is an eligible employee under the FMLA; 2) that the defendant is an employer as defined by the FMLA; 3) that she was entitled to take leave under the FMLA; 4) that she gave notice to the defendant of her intention to take leave; and 5) that she was denied benefits to which she was entitled under the FMLA.”
1 later decision quote this exact passage · from the majority“A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged. The plausibility standard is not akin to a "probability requirement," but it asks for more than a sheer possibility that a defendant has acted unlawfully. Where a complaint pleads facts that are "merely consistent with" a defendant's liability, it "stops short of the line between possibility and plausibility of entitlement to relief."”
1 later decision quote this exact passage“the failure to provide notice that inhibits or restricts an employee from successfully obtaining leave or the right to reinstatement does result in a denial of benefits and can result in a cause of action for interference.”
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.