Miller v. Ribicoff’s Empirical Analysis

Citation profile

6 federal appellate · 2 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Plaintiff contends that sums paid to him as reimbursement for expenses were not ‘wages’ within the meaning of Section 209 of the Act, even though such sums were not specifically set aside or designated, as required under Regulation No. 4, and that the requirement of specific designation is an unreasonable extension of the statutory language defining ‘wages’. Plaintiff further contends that Regulation No. 4 recognizes a Congressional intent to exclude from the definition of ‘wages’ sums paid for traveling and other expenses, and that there is no evidence of a Congressional intent to distinguish in this connection between sums specifically designated and sums not so identified. ****** “The definition of ‘wages’ in the Act suggests no ground on which sums paid for traveling and other expenses might be considered ‘wages’. Regulation No. 4 does recognize that such sums were not intended to be so considered. * * * * * “ * * * It is not the purpose of this section to defeat the benefits to which an individual is entitled when that individual in fact earned less than the prescribed maximum. Angelí v. Flemming, 4 Cir., 291 F.2d 72 . “I must, therefore, conclude that the commissions paid to plaintiff by the Samuel Brilliant Company during the months of April, 1957, through November, 1958, inclusive, were commissions which included unspecified sums paid to plaintiff as reimbursement for traveling and other necessary expenses of employment, and were not ‘wages’ within the meaning of Sec”

   2 later decisions quote this exact passage
   e.g. 206 F. Supp. 874 - Joyner v. Ribicoff · 360 F. Supp. 199 - Sayer v. Richardson

2. ““(2) The term ‘wages’ means all remuneration for employment unless specifically excepted under section 209 of the act (see sec. 404.1027). # * * * * * “(7) Amounts paid specifically — ■ either as advances or reimbursements — -for traveling or other bona fide ordinary' and necessary expenses incurred or reasonably expected to be incurred in the business of the employer are not wages. Travfeling and other reimbursed expenses must be identified either by making a separate payment or by specifically indicating the separate amounts where both wages and expense allowances are combined in a single payment.””

   1 later decision quote this exact passage
   e.g. 206 F. Supp. 874 - Joyner v. Ribicoff