Cheese v. Industrial Commission’s Empirical Analysis

Citation profile

31 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he intended meaning of the term “misconduct” as used in sec. 108.04(4) (a). Stats, [now sec. 108.04(5)], is limited to conduct evincing such wilful 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 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 interests or of the employee’s duties and obligations to the employer.”

   4 later decisions quote this exact passage
   e.g. 109 Wis. 2d 381 - Holy Name School of the Congregation of the Holy Name of Jesus of Kimberly v. Department of Industry, Labor & Human Relations · 64 Wis. 2d 703 - McGraw-Edison Co. v. Department of Industry, Labor & Human Relations

2. ““. . . insofar as a person’s acts, or his intent in doing such acts, are questions of fact, where the evidence and reasonable inferences therefrom would support any one of two or more findings, a finding by the commission is conclusive. “Here, however, the question is whether the facts fulfil a particular legal standard. . . . “We consider that ... a question of law, and the commission’s determination does not bind us.””

   2 later decisions quote this exact passage
   e.g. 106 Wis. 2d 111 - Wehr Steel Co. v. Department of Industry, Labor & Human Relations · 64 Wis. 2d 737 - Fish v. White Equipment Sales & Service, Inc.