Berry’s Empirical Analysis
Citation profile
5 district · 8 state decisions
How this case has been cited
Cited by 30 later decisions — most recently August 2024 · most notably Ghazaryan v. Diva Limousine, Ltd. (2008), Hickman v. United States (1999)
5 district · 8 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 Skidmore v. Swift & Co. · Carnegie v. United States · Garcia v. San Antonio Metropolitan Transit Authority · Conway v. Statesman Mortgage Co. · Tennessee Coal Iron Co v. Muscoda Local No 123 Sloss-Sheffield Steel & Iron Co
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) whether there was an on-premises living requirement; (2) whether there were excessive geographical restrictions on employee’s movements; (3) whether the frequency of calls was unduly restrictive; (4) whether a fixed time limit for response was unduly restrictive; (5) whether the on-call employee could easily trade on-call responsibilities; (6) whether use of a pager could ease restrictions; and (7) whether the employee had actually engaged in personal activities during call-in time.”
7 later decisions quote this exact passage · from the majority“As a practical matter, if an employee is not required to remain on the employer's premises, geographical restrictions are imposed according to the required response time for an employee to return to the employer's premises.”
1 later decision quote this exact passage · from the majority“balance the factors permitting personal pursuits against the factors restricting personal pursuits to determine whether the employee is so restricted that he is effectively engaged to wait.”
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.