Jeseritz v. Potter’s Empirical Analysis

Citation profile

20 federal appellate · 6 district · 1 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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]his court has “never recognized an ADA [or Rehabilitation Act] claim based on a hostile work environment.” Wallin v. Minnesota Dep’t of Corrs., 153 F.3d 681 , 687 (8th Cir.1998). For purposes of analysis, we will assume one exists and “would be modeled after the similar claim under Title VII.” Id. at 688 (internal quotation omitted). Thus, [the plaintiff] ha[s] to offer evidence of harassment that was “ ‘so severe or pervasive as to alter the conditions of [her] employment and create an abusive working environment.’ ” Id. (quoting Faragher v. City of Boca Raton, 524 U.S. 775, 786 , 118 S.Ct. 2275 , 141 L.Ed.2d 662 (1998)).”

   2 later decisions quote this exact passage · from the majority
   e.g. Martinez v. Cole Sewell Corp. · Mannie v. Potter

2. “[A]n informal ... complaint about, or in opposition to, an employer's practice or act ... [may constitute a protected activity] if the employee reasonably believes such an act to be in violation of the statute in question.”

   2 later decisions quote this exact passage · from the majority
   e.g. 543 F. Supp. 2d 1048 - Lockridge v. HBE Corp. · 635 F. Supp. 2d 970 - Donnelly v. St. John's Mercy Medical Center

3. “In order to establish a genuine issue of material fact, [Grabovac], as the non-moving party, could not simply rest upon the pleadings.”

   1 later decision quote this exact passage · from the majority
   e.g. Grabovac v. Allstate Insurance