Marchwinski v. Howard’s Empirical Analysis

Citation profile

2 federal appellate ·

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.

1. “The Supreme Court has ruled that government has a special need to conduct drug testing in several different circumstances where no particularized suspicion is present: testing of employees of the Customs Service who apply for positions directly involving interdiction of illegal drugs or positions requiring the agent to carry firearms, Nat’l Treasury Employees Union v. Von Raab, 489 U.S. 656 , 109 S.Ct. 1384 , 103 L.Ed.2d 685 (1989); testing of railroad employees involved in train accidents, Skinner v. Ry. Labor Executives’ Ass’n, 489 U.S. 602 , 109 S.Ct. 1402 , 103 L.Ed.2d 639 (1989); testing of student athletes in an effort to prevent the spread of drugs among the student population, Vernonia Sch. Dist. 47J v. Acton, 515 U.S. 646 , 115 S.Ct. 2386 , 132 L.Ed.2d 564 (1995); and testing of students who participate in competitive extracurricular activities, Bd. of Educ. of Indep. Sch. Dist. No. 92 of Pottawatomie County v. Earls, 536 U.S. 822 , 122 S.Ct. 2559 , 153 L.Ed.2d 735 (2002). This circuit has held that a school district has a special need to test applicants for all safety-sensitive positions in a school district, Knox County Educ. Ass’n v. Knox County Bd. of Educ., 158 F.3d 361 (6th Cir.1998); that a city has a special need to test its municipal bus drivers, Tanks v. Greater Cleveland Reg’l Transit Auth., 930 F.2d 475 (6th Cir.1991); and that a city has a special need to test its firemen and policemen, Penny v. Kennedy, 915 F.2d 1065 (6th Cir.1990).”

   2 later decisions quote this exact passage · from the majority
   e.g. International Union, United Automobile, Aerospace, & Agricultural Implement Workers v. Winters · 278 F. Supp. 2d 880 - INTERNATIONAL UNION, UNIT. AUTO., AERO. v. Winters

2. “A district court abuses its discretion when it relies on clearly erroneous findings of fact ... or when it improperly applies the law or uses an erroneous legal standard. Under this standard, this court must review the district court's legal conclusions de novo and its factual findings for clear error.”

   1 later decision quote this exact passage · from the majority
   e.g. The Taubman Company v. Webfeats, a Texas Company and Henry Mishkoff, an Individual

3. “the evidence in the case at hand establishes that Michigan's special need does encompass public safety concerns, as well as other needs `beyond the normal need for law enforcement.'”

   1 later decision quote this exact passage · from the majority
   e.g. 336 F. Supp. 2d 686 - INTERN. UNION, UNITED AUTO., AEROSPACE v. Winters