National Licorice Co. v. National Labor Relations Board’s Empirical Analysis
309 U.S. 350 · 1940
Citation profile
635 federal appellate · 42 district · 86 state decisions
How this case has been cited
Cited by 1,030 later decisions (85 by the Supreme Court) — most recently January 2025 · most notably Phelps Dodge Corporation v. National Labor Relations Board (1941), Fibreboard Paper Products Corp. v. National Labor Relations Board (1964)
635 federal appellate · 42 district · 86 state decisions — followed in 21 states
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.
Appellate journey
reviewedNational Labor Relations Board v. National Licorice Co. (from Second Circuit Court of Appeals)
Relationships
Relies on Consolidated Edison Co of New York v. National Labor Relations Board · Pennoyer v. Neff · Virginian Ry Co v. System Federation No 40 · Societe Internationale Pour Participations Industrielles Et Commerciales, S. A. v. Rogers · Interstate Circuit, Inc. v. United States
Cited together with Amalgamated Utility Workers v. Consolidated Edison Co. · National Labor Relations Board v. Fant Milling Co. · National Labor Relations Board v. Jones & Laughlin Steel Corp. · Universal Camera Corp. v. National Labor Relations Board · Consolidated Edison Co of New York v. National Labor Relations Board
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 1,030 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'which are related to those alleged in the charge and which grow out of them while the proceeding is pending before the Board,'”
17 later decisions quote this exact passage · from the majority“But different considerations may apply even in private litigation where the rights asserted arise independently of any contract which an adverse party may have made with another, not a party to the suit, even though their assertion may affect the liability of the former to fulfill his contract. The rights asserted in the suit and those arising upon the contract are distinct and separate so that the court may, in a proper case, proceed to judgment without joining other parties to the contract, shaping its decree in such manner as to preserve the rights of those not before it.”
8 later decisions quote this exact passage · from the majority“it will not be open to any tribunal to compel the employer to perform the acts, which, even though he has bound himself by contract to do them, would violate the Board's order or be inconsistent with any part of it.”
8 later decisions 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.