Tester v. Jefferson Lines’s Empirical Analysis

Citation profile

16 state decisions

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

1. “The employer had a right to expect Tester to refrain from uttering unprovoked obscenities and from actively obstructing the employer’s buses. We cannot bring either the obscene comment or blocking of the bus under the isolated hotheaded incident exception to the misconduct definition. * * sit ⅜ * * The strike was not against Tester’s employer, and his conduct cannot be excused as normal picket-line activity. Because both incidents occurred in the presence of other employees and could have incited other aggressive behavior, they were likely to interfere with the employer’s business.”

   2 later decisions quote this exact passage
   e.g. Norman v. Rosemount, Inc. · Huling v. Stemm Transfer & Storage, Inc.

2. “The employer had a right to expect Tester to refrain from uttering unprovoked obscenities at management personnel and from actively obstructing the employer’s buses. * * * Sic * * The strike was not against Tester’s employer, and his conduct cannot be excused as normal picket-line activity. Because both incidents occurred in presence of other employees and could have incited other aggressive behavior, they were likely to interfere with the employer’s business.”

   1 later decision quote this exact passage
   e.g. Christianson v. Geo. A. Hormel & Co.