Tomasello v. Rubin’s Empirical Analysis
167 F.3d 612 · 1999
Citation profile
22 federal appellate · 18 district ·
How this case has been cited
Cited by 49 later decisions (1 by the Supreme Court) — most recently June 2019 · most notably Doe v. Chao Secretary of Labor (2004), Roy W. Krieger v. Kathlynn G. Fadely,appellees (2000)
22 federal appellate · 18 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
Relies on Celotex Corporation v. Catrett H · Landgraf v. USI Film Products · Bradley v. School Board of City of Richmond · United States v. Nordic Village, Inc. · Lehman v. Nakshian
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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Absent 'exceptional circumstances,' the court of appeals is not a forum in which a litigant can present legal theories that it neglected to raise in a timely manner in proceedings below.”
3 later decisions quote this exact passage · from the majority“[T]he test for determining retaliation under the ADEA and Title VII is identical.”
2 later decisions quote this exact passage · from the majority“In any suit brought under the provisions of subsection (g)(1)(B) or (C) of this section in which the court determines that the agency acted in a manner which was willful, arbitrary, or capricious, the United States shall be liable to the individual in an amount equal to the sum of — 49 "(A) actual damages sustained by the individual as a result of the refusal or failure; and 50 "(B) the costs of the action together with reasonable attorney fees as determined by the court.”
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.