225 F. Supp. 2d 190 - Bennett v. Progressive Corp.’s Empirical Analysis
2002
Citation profile
2 district · 1 state decisions
Relationships
Applies 29 U.S.C. § 207 · 29 U.S.C. § 213 · 42 U.S.C. § 2000E (§ 704 of the Title VII of the Civil Rights Act of 1964)
Relies on Anderson v. Liberty Lobby, Inc. · Celotex Corporation v. Catrett H · Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corporation · McDonnell Douglas Corp. v. Green · St. Mary's Honor Center v. Hicks
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In the instant case, factual questions remain as to the true reason for plaintiffs termination. She alleges that the hostile work environment Mitchell created coerced her, against her will, into drinking, and that such drinking was used as the reason for her termination. She alleges that the real reason she was fired was not due to a violation of the office alcohol policy, but rather because she lodged a complaint against Mitchell to Beney, and the company used her violation of the alcohol policy as a convenient means to head off any problems arising from the sexual harassment complaint lodged against Mitchell. Plaintiff alleges, and Mitchell does not deny, that Beney was friends with Mitchell and his wife, citing, among other things, Benejfs participation as an usher in Mitchell’s wedding. As such, sufficient factual disputes have been raised as to whether or not the termination, in the end, was a culmination, or result, of Mitchell’s harassment.”
1 later decision quote this exact passage · from the majority“In general, the exercise of discretion and independent judgment involves the comparison and the evaluation of possible courses of conduct and acting or making a decision after the various possibilities have been considered.... [T]he person has the authority or power to make an independent choice, free from immediate direction or supervision and with respect to matters of significance.”
1 later decision quote this exact passage · from the majority“In order to hold an individual liable under [this provision], ... plaintiff must also show that the individual aided or abetted 'a primary violation of the [NYS]HRL committed by another employee or the business itself.'”
1 later decision 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.