Tomko v. Hilbert’s Empirical Analysis
288 F.2d 625 · 1961
Citation profile
18 federal appellate · 6 district · 2 state decisions
How this case has been cited
Cited by 47 later decisions — most recently September 2014 · most notably Local 33, International Hod Carriers Building And Common Laborers' Union Of America, Plaintiff-Appellant, v. Mason Tenders District Council Of Greater New York (1961), Thompson v. New York Central Railroad (1966)
18 federal appellate · 6 district · 2 state decisions
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 29 U.S.C. § 401 (Labor-Management Reporting and Disclosure Act of 1959) · 29 U.S.C. § 402 · 29 U.S.C. § 411 · 29 U.S.C. § 412 · 29 U.S.C. § 413 · 29 U.S.C. § 414 · 29 U.S.C. § 431 · 29 U.S.C. § 440
Relies on Smith v. General Truck Drivers, Etc., Union Local 467 · Wood v. United States · Strauss v. INTERNATIONAL BROTHER. OF TEAMSTERS, ETC. · Jackson v. the Martin Company
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.
““In contrast, Title II, 73 Stat. 524 , 29 U.S.C.A. § 431 et seq., which imposes a duty on labor organizations, their officers and employees, and employers to prepare and file certain enumerated reports, can be enforced by a civil action under section 210, 29 U.S.C.A. § 440 , against any person. Also, criminal sanctions are contained in section 610, 29 U.S.C.A. § 530 , which makes it unlawful for any person through threats or the use of force or violence to attempt to or to in fact interfere with or prevent the exercise of any or all rights that a union member may have under any of the titles of the LMRDA.” We say further 288 F.2d pp. 628-629: “To sum up, the LMRDA gives to the individual union members certain rights which when interfered with by a union, its officials or its agents, can be redressed civilly against them. In addition, there are criminal sanctions imposed against any person who interferes with those rights.””
3 later decisions quote this exact passage · from the majority“merely because the conduct occurs in a union hall during a union meeting....”
3 later decisions quote this exact passage · from the majority““ ‘Person’ includes one or more individuals, labor organizations, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, or receivers.””
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.