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← 165 F.2d 181 - Brown v. Luster

Brown v. Luster’s Empirical Analysis

165 F.2d 181 · 1947

Citation profile

17
cited by 17 later decisions
2
states following
December 1995
most recently cited

14 federal appellate · 2 state decisions

How this case has been cited

Cited by 17 later decisions — most recently December 1995

14 federal appellate · 2 state decisions

100194719501960197019801990decided

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 United States v. Silk · Fishgold v. Sullivan Drydock & Repair Corp. · Standard Oil Company v. Edward Anderson · Metcalf & Eddy v. Mitchell · Casement v. Brown

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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““SEO. 403.204. Who are employees.— Every individual is an employee if the relationship between him and the person for whom he performs services is the legal relationship of employer and employee. (The word ‘employer’ as used in this section only, notwithstanding the provisions of section 403.201(a), includes a person who employs one or more employees.) “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 methods for accomplishing the result, he is an independent c”
    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.