300 F. Supp. 381 - DeVito v. Shultz’s Empirical Analysis
1969
Citation profile
18 federal appellate · 6 district · 2 state decisions
How this case has been cited
Cited by 32 later decisions (1 by the Supreme Court) — most recently February 2002 · most notably Dunlop v. Bachowski (1975), Usery v. Local Union No. 639 International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America (1976)
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. § 482
Relies on William Marbury v. James Madison · Leedom v. Kyne · Calhoon v. Harvey · New York Stock Exchange v. Legate · Fleming v. Mohawk Wrecking & Lumber 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“to enable the reviewing court intelligently to review the Secretary’s determination, the Secretary must provide the Court and the complaining witness with copies of a statement of reasons supporting his determination. “[W]hen action is taken by [the Secretary] it must be such as to enable a reviewing Court to determine with some measure of confidence whether or not the discretion, which still remains in the Secretary, has been exercised in a manner that is neither arbitrary nor capricious.... [I]t is necessary for [him] to delineate and make explicit the basis upon which discretionary action is taken, particularly in a case such as this where the decision taken consists of a failure to act....””
1 later decision quote this exact passage · from the majority““Indeed, the very exclusivity of the remedy serves to emphasize the necessity of some degree of Court supervision. To rule otherwise would enable the Secretary to frustrate the will of Congress; it would leave the Secretary’s conduct immune from scrutiny in matters where he is charged with significant responsibilities that must be carried out if the sweeping congressional directive to infuse basic principles of democratic free election into union organizations is to be implemented.””
1 later decision quote this exact passage · from the majoritye.g. Bachowski v. Brennan“'it is necessary ... to delineate and make explicit the basis upon which disciplinary action is taken, particularly in a case ... where the decision taken consists of a failure to act after the finding of union election irregularities.'”
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.