Bernier v. Data General Corp.’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[The employer] also contends that the broadness of the enacting statute violates the constitutional separation of powers. [The employer] relies primarily on the United States Supreme Court decision in Plaut v. Spendthrift Farm, Inc., 514 U.S. 211, 217-18, 225 , 115 S.Ct. 1447 , 131 L.Ed.2d 328 (1995) ... holding that a federal statute violated Article III separation of powers to the extent that it purported to reopen final judgments of the judicial branch. Plaut , however, proscribes the enactment of legislation that affects final judgments; it does not prohibit legislation that affects cases that are pending in the judicial system. Id.; see also Elramly v. I.N.S., 131 F.3d 1284 , 1285 (9th Cir.1997) (per curiam) (rule in Plaut does not prohibit retroactive application of statutory amendment to case on remand, and therefore, a nonfinal judicial decision). We do not address possible separation of powers issues in the present case because the proceeding was pending at the time of the enactment of section 224.”

   1 later decision quote this exact passage
   e.g. Morrissette v. Kimberly-Clark Corp.

2. “The annual adjustment made pursuant to former Title 39, sections 55 and 55-A must be made as follows. The preinjury average weekly wage must first be adjusted to reflect the annual inflation or deflation factors as computed by the Maine Unemployment Insurance Commission for each year from the date of injury to the date of calculation. Once this weekly benefit amount is calculated, the amount must continue to be adjusted annually so that it continues to bear the same percentage relationship to the average weekly wage in the State as computed by the Maine Unemployment Insurance Commission as it did at the time of the injury. This section clarifies the method of calculating the annual adjustment to benefits under former Title 39, sections 55 and 55-A and applies to all benefit calculations pursuant to those sections.”

   1 later decision quote this exact passage
   e.g. Morrissette v. Kimberly-Clark Corp.

3. “[a]ctions and proceedings pending at the time of the passage, amendment or repeal of an Act or ordinance are not affected thereby.”

   1 later decision quote this exact passage
   e.g. Morrissette v. Kimberly-Clark Corp.