Morgan v. Federal Home Loan Mortgage Corp.’s Empirical Analysis

Citation profile

24 federal appellate · 151 district ·

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 186 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “First, the plaintiff has the burden of proving by the preponderance of the evidence a prima facie case of [retaliation]. Second, if the plaintiff succeeds in proving the prima facie case, the burden shifts to the defendant “to articulate some legitimate, [non-retaliatory] reason for the employee’s rejection”.... Third, should the defendant carry this burden, the plaintiff must then have an opportunity to prove by a preponderance of the evidence that the legitimate reasons offered by the defendant were not its true reasons, but were a pretext for [retaliation] .... The ultimate burden of persuading the trier of fact that the defendant intentionally [retaliated] against the plaintiff remains at all times with the plaintiff.”

   19 later decisions quote this exact passage · from the majority
   e.g. Na'Im v. Rice · Holmes-Martin v. Leavitt

2. “Where, as here, the plaintiff claims that the retaliation took the form of a failure to hire, the plaintiff must also show ... that [she] applied for an available job ...”

   2 later decisions quote this exact passage · from the majority
   e.g. Thomas v. Tregre · Menoken v. McGettigan

3. “`entitled to a judgment as a matter of law'”

   2 later decisions quote this exact passage · from the majority
   e.g. Markowicz v. Nielsen · 3883 Connecticut LLC v. District of Columbia