Long v. Frank’s Empirical Analysis
22 F.3d 54 · 1994
Citation profile
16 federal appellate · 5 district ·
How this case has been cited
Cited by 62 later decisions — most recently July 2017 · most notably Hedges v. United States (2005), Boykin v. KeyCorp (2008)
16 federal appellate · 5 district ·
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 28 U.S.C. § 2401 · 29 U.S.C. § 633A (§ 15 of the Age Discrimination in Employment Act of 1967) · 42 U.S.C. § 2000E (§ 717 of the Title VII of the Civil Rights Act of 1964)
Relies on Wilson v. Garcia · DelCostello v. International Brotherhood of Teamsters · Irwin v. Department of Veterans Affairs · Lehman v. Nakshian · Oscar Mayer & Co. v. Evans
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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If any of your claims were based on the Age Discrimination in Employment Act ... AS TO THOSE CLAIMS ONLY, you MAY have up to six years after the right of action first accrued in which to file a civil action.”
2 later decisions quote this exact passage · from the majority“has the option of bringing suit in federal court in the first instance, or of pursuing administrative remedies before the EEOC and then suing in federal court if not satisfied with the administrative results. See 29 U.S.C. § 633a(b) and (c). With respect to civil actions brought directly to federal court, the federal employee must give the EEOC notice of intent to sue within 180 days of the alleged discriminatory conduct, and then must wait 30 days before filing suit. Id. § 633a(d). The ADEA provisions applicable to federal employees who pursue administrative remedies before initiating a private suit do not, however, contain an express statute of limitations to govern how long after final agency action the employee has to file a civil action. We must therefore "borrow” an appropriate limitations period from an analogous state or federal provision. Stevens v. Department of Treasury, 500 U.S. 1, 7 , 111 S.Ct. 1562, 1567 , 114 L.Ed.2d 1 (1991).”
1 later decision quote this exact passage · from the majority“In the absence of an explanation for the omission, we cannot ascribe to it the deliberate purpose of precluding ... [a] reference to the most closely analogous statute, for, in doing so we are just as likely to defeat Congress's intent as to effectuate it.”
1 later decision quote this exact passage · from the majoritye.g. Jones v. Runyon
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.