Kam Koon Wan v. E. E. Black, Ltd.’s Empirical Analysis
188 F.2d 558 · 1951
Citation profile
33 federal appellate · 6 district ·
How this case has been cited
Cited by 55 later decisions — most recently July 2014 · most notably People v. United States Department of Interior (1974), Beebe v. United States (1981)
33 federal appellate · 6 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 Skidmore v. Swift & Co. · Helvering v. Gowran · McLeod v. Threlkeld · Overstreet v. North Shore Corp. · Powell v. United States Cartridge Co.
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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“* * * The legislative history of the Portal Act makes it clear that the employer’s "good faith” is not to be determined merely from the actual state of his mind. Statements made in the House and Senate indicate that "good faith” also depends upon an objective test — whether the employer, in acting or omitting to act as he did, and in relying upon the regulation, order, ruling, approval, interpretation, administrative practice or enforcement policy, acted as a reasonably prudent man would have acted under the same or similar circumstances. "Good faith” requires that the employer have honesty of intention and no knowledge of circumstances which ought to put him upon inquiry, [footnotes omitted.]”
3 later decisions quote this exact passage · from the majority““* * * The authority to act with the sanction of government behind it determines whether or not a governmental agency exists. The form the agency takes, or the function it performs are not determinative. * * *””
3 later decisions quote this exact passage · from the majority“[N]o employer shall be subject to any liability or punishment ... if he pleads and proves that the act or omission complained of was in good faith in conformi-^ ty with and in reliance on any written administrative regulation, order, ruling, approval, or interpretation____ Such de fense, if established, shall be a bar to the action or proceeding, notwithstanding that after such act or omission, such administrative regulation, order, ruling, approval, [or] interpretation ... is modified or rescinded or is determined by judicial authority to be invalid or of no legal effect.”
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.