No. 92-4181’s Empirical Analysis

Citation profile

1 federal appellate · 1 district ·

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

1. “we might conclude the parties intended a right to vest if we are shown contract language or extrinsic evidence to support that conclusion.”

   2 later decisions quote this exact passage · from the majority
   e.g. Fox v. Massey-Ferguson, Inc. · In Re Golden

2. “Is the denial of a disability pension to the Grievant an arbitrable issue?” Roberts Aff., exh. J thereto at 8. 35 . In this regard, based upon the arbitrator’s restatement of the Company’s position in the arbitration award, evidently the Company articulated to the arbitrator its belief that Smith was not entitled to one of several retirement options including a disability pension. See Roberts Aff., exh. J thereto at 10-13. Significantly, there is no mention in the arbitration award that the Company asserted that the arbitrator’s inquiry should be limited solely to the issue of whether Smith was eligible for a disability pension. 36 . Once again, the court is operating at somewhat of a disadvantage because it does not have a transcript of the arbitration proceeding; nor does it have any other indication in this record as to exactly what the arbitrator had before him in terms of testimony and extrinsic evidence, as well as submissions by the parties. 37 . Roberts Aff., exh. B thereto at 31. 38 . The term "reproduction on the hook,” as the Sixth Circuit explains, “refers to advertising copy that has arrived in pre-set form and been published in the Enquirer, but which printers may nevertheless spend time duplicating even though the copy they reproduce will never be published.”

   1 later decision quote this exact passage · from the majority
   e.g. Chicago Pneumatic Tool Co. v. Smith

3. “There are ... certain types of rights that courts presume to be “accrued or vested” without any other evidence in the contract. These are rights that can be worked toward or accumulated over time.... Severance pay is usually a right that accrues and vests over time, as per Nolde Bros, for the longer a person works, the more pay accrues.... The nature of the right at issue here is not one that we presume to be vested. Employees do not accrue it step-by-step as they work for the employer, like the severance pay in Nolde Bros. Rather, the right is a bargained-for worker protection, like the rights not to be discharged that were at issue in Litton and [its progeny],”

   1 later decision quote this exact passage · from the majority
   e.g. 487 F. App'x 234 - United Steel, Paper & Forestry, Rubber, Manufacturing, Energy, Allied Industrial & Service Workers International Union v. American Standard Corp.