199 F. Supp. 2d 550 - Van v. Anderson’s Empirical Analysis
2002
Citation profile
1 state decisions
Relationships
Applies 42 U.S.C. § 11111 · 42 U.S.C. § 11112 · 42 U.S.C. § 11115 · 42 U.S.C. § 11151 · 42 U.S.C. § 1981 (Civil Rights Act of 1866)
Relies on Anderson v. Liberty Lobby, Inc. · Celotex Corporation v. Catrett H · Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corporation · McDonnell Douglas Corp. v. Green · St. Mary's Honor Center v. Hicks
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) Statement of Equal Rights. All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as ■ is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other. (b) “Make and enforce contracts” defined. For purposes of this section, the term “make and enforce contracts” includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship. (c) Protection against impairment. The rights protected by this section are protected against impairment by nongovernmental discrimination and impairment under color of State law.”
1 later decision quote this exact passage · from the majority“[A]n important distinction exists between (a) medical [staff] bylaws, which are created by the medical staff to control the governance of the medical professionals with privileges at the hospital and (b) hospital bylaws, which are a set of bylaws created by the hospital itself and adopted by its governing board. Under the former, it is generally understood that rights promulgated by medical staff bylaws are considered incapable of creating an enforceable contract between the hospital and its physicians. However, under the latter, procedural rights prescribed under hospital bylaws may constitute contractual rights between the physician and the adopting hospital.”
1 later decision quote this exact passage · from the majority““[T]he preamble to [the hospital’s] medical staff bylaws recognizes that the staff ‘is subject to the ultimate authority of the board.’ The medical staff bylaws do not attempt to define or limit [the hospital’s] power to act through its board of trustees. Bylaws that do not define or limit the power of a hospital as it acts through its governing board do not create contractual obligations for the hospital. This is true despite the fact that the board may have approved and adopted the staff bylaws.””
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.