Marano v. Department of Justice’s Empirical Analysis
2 F.3d 1137 · 1993
Citation profile
39 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 99 later decisions (1 by the Supreme Court) — most recently February 2025 · most notably Kewley v. Department of Health & Human Services (1998), Carr v. Social Security Administration (1999)
39 federal appellate · 1 district · 1 state decisions
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
Applies 5 U.S.C. § 1201 (Whistleblower Protection Act of 1989) · 5 U.S.C. § 1214 · 5 U.S.C. § 1221 · 5 U.S.C. § 2302 · 5 U.S.C. § 7703
Relies on Mt. Healthy City School District Board of Education v. Doyle · Spruill v. Merit Systems Protection Board · Frazier v. Merit Systems Protection Board · Ward v. Merit Systems Protection Board
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 99 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“any factor, which alone or in combination with other factors, tends to affect in any way the outcome of the decision.”
6 later decisions quote this exact passage · from the majority“employee may demonstrate that the disclosure was a contributing factor in the personnel action through circumstantial evidence, such as evidence that - - (A) the official taking the personnel action knew of the disclosure; and (B) the personnel action occurred within a period of time such that a reasonable person could conclude that the disclosure was a contributing factor in the personnel action.”
3 later decisions quote this exact passage · from the majority“(C) The Secretary may determine that a violation of subsection (a) of this section has occurred only if the complainant has demonstrated that any behavior described in subparagraphs (A) through (F) of subsection (a)(1) of this section was a contributing factor in the unfavorable personnel action alleged in the complaint. (D) Relief may not be ordered under paragraph (2) if the employer demonstrates by clear and convincing evidence that it would have taken the same unfavorable personnel action in the absence of such behavior.”
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.