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← 189 F.3d 1221 - Warder Bennett Charles Blalock Leonard Garrett Robert Hannah Ernest Howard John McMinimee Julia Simpson v. Coors Brewing Company

Warder Bennett Charles Blalock Leonard Garrett Robert Hannah Ernest Howard John McMinimee Julia Simpson v. Coors Brewing Company’s Empirical Analysis

189 F.3d 1221 · 1999

Citation profile

64
cited by 64 later decisions
2
states following
May 2020
most recently cited

19 federal appellate · 20 district · 2 state decisions

How this case has been cited

Cited by 64 later decisions — most recently May 2020 · most notably Davidson v. America Online, Inc. (2003), Niemi v. Lasshofer (2014)

19 federal appellate · 20 district · 2 state decisions

4601999200020102020decided

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 Alyeska Pipeline Service Company v. Wilderness Society · Oubre v. Entergy Operations, Inc. · Sanchez v. Denver Public Schools · Meyer v. Riegel Products Corp. · Radiology Professional Corp. v. Trinidad Area Health Ass'n

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

  1. “(1) the release must be written in a manner calculated to be understood by the employee signing the release, or by the average individual eligible to participate; (2) the release must specifically refer to claims arising under the ADEA; (3) the release must not purport to encompass claims that may arise after the date of execution; (4) the employer must provide consideration for the waiver or release of ADEA claims above and beyond that to which the employee would otherwise already be entitled; (5) the employee must be advised in writing to consult with an attorney prior to executing the agreement; (6) the employee must be given at least 21 days within which to consider the agreement or 45 days to consider signing if the waiver is offered in connection with an “exit incentive or other employment termination;” (7) the release must allow the employee to revoke the agreement up to 7 days after signing; and (8) if the release is offered in connection with an exit incentive or group termination program, the employer must provide information relating to the job titles and ages of those eligible for the program, and the corresponding information relating to employees in the same job titles who were not eligible or not selected for the program.”
    2 later decisions quote this exact passage · from the majority
  2. “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.”
    2 later decisions quote this exact passage · from the majority
  3. “`An individual may not waive any right or claim under [the ADEA] unless the waiver is knowing and voluntary. . . . [A] waiver may not be considered knowing and voluntary unless at a minimum' it satisfies certain enumerated requirements. . . .”
    2 later decisions 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.