Ventress v. Rice’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““To qualify for unemployment compensation, the burden of proof is on the claimant to show (1) that he was willing to cross a peaceful picket line . (2) that he made a reasonable attempt to cross the picket line in question . . . (3) that claimant’s sole reason for failing to cross the picket line was a well- founded and reasonable apprehension of violence to his person. . . .We use the word ‘sole’ as contrasted with refusing to cross a picket line because of union beliefs, sympathy with other strikers, pangs of conscience, or adherence to union principles.””

   2 later decisions quote this exact passage · from the majority
   e.g. Bedford H. Clary v. Central Foundry Co. · Clary v. Central Foundry Co.

2. “[TJhere is a heavy burden on a claimant to show that his refusal to cross a picket line was not because he was in sympathy with the strike. If a claimant could subjectively state that the only reason he failed to return to work was because he was afraid of violence, the ‘violence exception’ could be used ... as a procedure which could ‘go on and on and the insurance funds would be seriously depleted and the rates would rise sharply.’ By use of the disjunctive ‘or’ in McCleney, this court did not intend to eliminate the requirement that a claimant prove that he would be willing to cross a peaceful picket line and back up his willingness by making a reasonable attempt to cross the picket line.” 289 Ala. at 634 , 270 So.2d at 102 .”

   1 later decision quote this exact passage · from the majority
   e.g. Pullman Standard v. Gamble