Richard Robert Radcliffe’s Empirical Analysis

Citation profile

7 district · 7 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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The general rule is that § 7 of the NLRA protects concerted activity, hut it does not confer on non[ ] employees the right to conduct that activity on the employer’s property, unless there is no other means of reaching the employees. [Citation.] Thus, when a union’s picketing activities trespass on an employer’s property, the employer ordinarily may maintain a trespass action against the union; the trespass claim is not preempted even though the union’s picketing was arguably prohibited or protected by federal law. [Citation.] The property right underlying the law of trespass, of course, is a matter of state law. We conclude that the state-law torts of false arrest, false imprisonment, and malicious prosecution arising out of such a trespass arrest are similarly not preempted by the NLRA. Freedom of citizens from false arrest, false imprisonment, and malicious prosecution ‘touch[es] interests so deeply rooted in local feeling and responsibility that, in the absence of compelling congressional direction, we could not infer that Congress had deprived the States of power to act.’ [Citation.] Thus false arrest, false imprisonment, and malicious prosecution are similar to torts of threatened violence, traditionally held not to be preempted [citation] or intentional infliction of emotional distress [ ] and defamation, both of which the Supreme Court has held to be excepted from Garmon’s preemption rule even though they involve conduct arguably protected or prohibited by the NLRA. ”

   2 later decisions quote this exact passage · from the majority
   e.g. Chung v. McCabe Hamilton & Renny Co., Ltd. · 342 Ill. App. 3d 666 - Russell v. Kinney Contractors, Inc.

2. “[t]he fact that a state tort may also constitute an unfair labor practice ... does not inevitably cause preemption of the state claim.”

   2 later decisions quote this exact passage · from the majority
   e.g. Simo v. Union Of Needletrades, Industrial & Textile Employees · Simo

3. “The plaintiffs point to Massini’s subsequent zeal in prosecuting and her lack of research or discussion with her deputies who had dealt with the earlier cases, as evidence of conspiracy. The plaintiffs also suggest that one motive of Massini was to curry Richardson’s support for Massini’s upcoming re-election bid. But zealous prosecution, is not sufficient to raise a triable issue of conspiracy with the citizen complainant. A relationship of cause and effect between the complaint and the prosecution is not sufficient, or every citizen who complained to a prosecutor would find himself in a conspiracy. The plaintiffs must provide evidence of ‘an agreement or meeting of the minds to violate constitutional rights.’”

   1 later decision quote this exact passage · from the majority
   e.g. 761 F. Supp. 2d 957 - Fenters v. Yosemite Chevron