Cape Shore Fish Co. v. United States’s Empirical Analysis
330 F.2d 961 · 1964
Citation profile
10 federal appellate · 1 district · 4 state decisions
How this case has been cited
Cited by 59 later decisions (2 by the Supreme Court) — most recently August 2015 · most notably United States v. W. M. Webb, Inc. (1970), Simpson v. Commissioner (1975)
10 federal appellate · 1 district · 4 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 15 U.S.C. § 521 (Federal Trade Commission Act of 1914) · 26 U.S.C. § 187
Relies on Enochs v. Williams Packing & Navigation Co. · National Labor Relations Board v. Hearst Publications, Inc. · Carmichael v. Southern Coal & Coke Co. · Chas Steward Mach Co v. Davis · United States v. Silk
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 59 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[N]o one factor is controlling nor are these factors exclusive. The relationship is to be ascertained by an over-all view of the entire situation, not by any rule of thumb, or by the presence or absence of a single factor. The result in each case must be governed by the special facts and circumstances of the case itself.”
2 later decisions quote this exact passage · from the majority“any individual who, under the usual common law rules applicable in determining the employer-employee relationship, has the status of an employee”
2 later decisions quote this exact passage · from the majority“Generally such [an employment] relationship exists when the person for whom services are performed has the right to control and direct the individual who performs the services, not only as to the result to be accomplished by the work but also as to the details and means by which that result is accomplished .... The right to discharge is also an important factor indicating that the person possessing that right is an employer. Other factors characteristic of an employer, but not necessarily present in every case, are the furnishing of tools and the furnishing of a place to work, to the individual who performs the services.”
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.