McLean v. Patten Communities, Inc.’s Empirical Analysis
332 F.3d 714 · 2003
Citation profile
5 federal appellate ·
How this case has been cited
Cited by 42 later decisions — most recently December 2020 · most notably Robinson v. Glynn (2003), 378 F. Supp. 2d 613 - Badgett v. Federal Express Corp. (2005)
5 federal appellate ·
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
Relies on Anderson v. Liberty Lobby, Inc. · Celotex Corporation v. Catrett H · Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corporation · Smith v. First Union National Bank · Hughes v. Bedsole
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[Njeither harassment' [n]or retaliation [is a] common law tort[] in North Carolina. In Smith v. First Union Nat. Bank, 202 F.3d 234 (4th Cir.2000), we held that there was no private cause of action under North Carolina law for sexual harassment under [N.C. GemStat.] § 143-422.2. We stated that we agreed with the statement of the district court in Mullis v. Mechanics & Farmers Bank, 994 F.Supp. 680 (M.D.N.C.1997), that absent a clear indication from the North Carolina courts or legislature “it would be inappropriate for a federal court to create a private right of action under [§ 143-422.2].” There is no reason to treat [racial harassment] any differently than we have treated sexual harassment, and in this case, we arrive at the same conclusion, and hold that there is no private right of action under North Carolina law for [harassment] under § 143-422.2. Accordingly, summary .judgment- in favor of the defendants on account of negligent retention or supervision is affirmed.”
1 later decision quote this exact passage · from the majority“North Carolina courts have also recognized that at-will employment relationships are contractual. See Evans v. Cowan, 132 N.C.App. 1 , 510 S.E.2d 170, 174 (1999) (“This jurisdiction has long adhered to the employment-at-will doctrine, i.e., ‘[wjhere a contract of employment does not fix a definite term, it is terminable at the will of either party, with or without cause.’ ” (citations omitted)). Because the district court’s decision is contrary to our subsequent decision in Spriggs , we remand this aspect of the case for further proceedings consistent with Spriggs .”
1 later decision quote this exact passage · from the majority“It is the public policy of this State to protect and safeguard the right and opportunity of all persons to seek, obtain and hold employment without discrimination or abridgement on account of race, religion, color, national origin, age, sex or handicap by employers which regularly employ 15 or more employees.”
1 later decision quote this exact passage · from the majoritye.g. Townsend v. Shook
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.