McLeod v. Threlkeld’s Empirical Analysis
319 U.S. 491 · 1943
Citation profile
341 federal appellate · 95 district · 79 state decisions
How this case has been cited
Cited by 802 later decisions (39 by the Supreme Court) — most recently July 2018 · most notably Armour & Co. v. Wantock (1944), Mitchell v. Lublin, McGaughy & Associates (1959)
341 federal appellate · 95 district · 79 state decisions — followed in 23 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
reviewedMcLeod v. Threlkeld (from Fifth Circuit Court of Appeals)
Relationships
Applies 29 U.S.C. § 203 · 45 U.S.C. § 51 (Federal Employers' Liability Act)
Relies on National Labor Relations Board v. Jones & Laughlin Steel Corp. · United States v. Darby · Overnight Motor Transportation Co. v. Missel · Kirschbaum v. Walling US Arsenal Bldg Corporation · Walling v. Jacksonville Paper 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 802 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The test under this present act, to determine whether an employee is engaged in commerce, is not whether the employee’s activities affect or indirectly relate to interstate commerce but whether they are actually in or so closely related to the movement of the commerce as to be part of it. Employee activities outside of this movement, so far as they are covered by wage-hour regulation, are governed by the other phrase, ‘production of goods for commerce.’ * * * It is the work of the employee which is decisive.” 319 U.S. at page 497, 63 S.Ct. at page 1251. (footnotes omitted).”
14 later decisions quote this exact passage · from the majority“(i) has employees engaged in commerce or in the production of goods for commerce, or that has employees handling, selling, or otherwise working on goods or materials that have been moved in or produced for commerce by any person; and (ii) is an enterprise whose annual gross volume of sales made or business done is not less than $500,000 (exclusive of excise taxes at the retail level that are separately stated).”
9 later decisions quote this exact passage · from the majority“in any process or occupation necessary to the production thereof”
7 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.