Wessel’s Empirical Analysis

Citation profile

5 district · 2 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We find the district court’s interpretation of the indemnification provisions to be unreasonable. There is nothing in the text of the provisions to suggest that the City is to be indemnified only for “violations by the Union.. .for which the City can do little, if anything, to detect and prevent.” Rather the City is to be indemnified for any liability — including costs and fees — arising from any claims “involving fair share payments.” It seems clear that this broad scope encompasses not only liability resulting from the Union’s mistakes, but also from the City’s failure to fulfill its own obligations.”

   2 later decisions quote this exact passage · from the majority
   e.g. 327 F. Supp. 2d 1332 - Wessel v. City of Albuquerque · 329 F. Supp. 2d 1237 - Harrington v. City of Albuquerque

2. “There is some evidence in the record that a portion of the fees collected went to the national Union to “[s]erve as exclusive representative in other bargaining units.” Such fees would not inure to the benefit of the members of the local organization and their collection violates the principles expressed in Lehnert . We disagree with the district court’s conclusion that the Union did not exceed the constitutional limitations on the types of expenses properly included in a fair share fee.”

   1 later decision quote this exact passage · from the majority
   e.g. 327 F. Supp. 2d 1332 - Wessel v. City of Albuquerque