Weeks v. Valley Bank’s Empirical Analysis

Citation profile

5 state decisions

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

1. “misconduct [within the meaning of the unemployment compensation statutes] is limited to conduct evincing such willful or wanton disregard of an employer’s interest as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employees, or in carelessness or negligence of such degree or recurrence as to manifest equal culpability, wrongful intent or evil design, or to show an intentional and substantial disregard of the employer’s interest or of the employee’s duties and obligations to his employer. On the other hand, mere inefficiency, unsatisfactory conduct, failure in good performance as a result of inability or incapacity, inadvertaneies [sic] or ordinary negligence in isolated instances, or good faith errors in judgment or discretion are not to be deemed ‘misconduct’ within the meaning of the statute.”

   1 later decision quote this exact passage
   e.g. Michael Jorenby v. South Dakota Department of Labor, Unemploymentinsurance Appeals, and Global Polymer Industries, Inc.

2. “(1) Failure to obey orders, rules or instructions, or failure to discharge the duties for which an individual was employed; or (2) Substantial disregard of the employer’s interests or of the employee’s duties and obligations to his employer; or (3) Conduct evincing such willful or wanton disregard of an employer’s interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee; or (4) Carelessness or negligence of such degree or recurrence as to manifest equal culpability or wrongful intent. However, mere inefficiency, unsatisfactory conduct, failure to perform as the result of inability or incapacity, a good faith error in judgment or discretion ... is not misconduct.”

   1 later decision quote this exact passage
   e.g. Michael Jorenby v. South Dakota Department of Labor, Unemploymentinsurance Appeals, and Global Polymer Industries, Inc.

3. “We review administrative decisions in the same manner as the circuit court. Factual findings may be overturned only if they are found to be “clearly erroneous” after all the evidence has been considered. The findings will not be disturbed unless we are left with a definite and firm conviction a mistake has been made. Conclusions of law, as well as mixed questions of fact and law that require the application of a legal standard, are fully reviewable. (citations omitted).”

   1 later decision quote this exact passage
   e.g. Cohen v. City of Pierre