United States v. Fleming’s Empirical Analysis
293 F.2d 953 · 1961
Citation profile
7 federal appellate · 1 state decisions
How this case has been cited
Cited by 13 later decisions — most recently August 1998
7 federal appellate · 1 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
Relies on Humble Oil & Refining Co. v. Martin · Jones v. Goodson · Strangi v. United States · Magruder v. Yellow Cab Co. · Party Cab Co. v. United States
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Generally such relationship exists [of employer-employee] when the person for whom services are performed has the right to control and direct the individual who performs the services, not only as to the result to be accomplished by the work but also as to the details and means by which that result is accomplished. That is, an employee is subject to the will and control of the employer not only as to what shall be done but how it shall be done. In this connection, it is not necessary that the employer actually direct or control the manner in which the services are performed; it is sufficient if he has the right to do so. The right to discharge is also an important factor indicating that the person possessing that right is an employer. Other factors characteristic of an employer, but not necessarily present in every case, are the furnishing of tools and the furnishing of a place to work to the individual who performs the services.” * •* * * •» * “Whether the relationship of employer and employee exists will in doubtful cases be determined upon an examination of the particular facts of each case.” (Emphasis added.)”
2 later decisions quote this exact passage · from the majority““The large measure of control here present, the operation by the Company of a taxi business rather than merely a renter of cabs, and other factors require a determination that the employer-employee relationship existed.” (emphasis added)”
2 later decisions quote this exact passage · from the majority“For purposes of this chapter, the term “employee” means— ... any individual who, under the usual common law rules applicable in determining the employer- employee relationship, has the status of an employee----”
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.