Old Dutch Farms, Inc. v. Milk Drivers & Dairy Employees Local Union No. 584’s Empirical Analysis

Citation profile

23 federal appellate · 8 district · 11 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 64 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[AJbsent a clear explicit statement ... in a contract directing an arbitrator to hear and determine the validity of tort damage claims by one party against another, it must be assumed that the parties did not intend to withdraw such disputes from judicial authority.”

   6 later decisions quote this exact passage · from the dissent
   e.g. Fuller v. Guthrie · Dusold v. Porta-John Corp.

2. ““Prior to the commencement of this action, the NLRB determined that the union had violated § 8(b)(4) of the NLRA. It should be noted, however, that a prior determination by the Board is not a prerequisite to an action by an employer under § 303. The administrative and judicial actions and remedies are viewed as entirely independent, i. e., § 303 suits constitute a clear exception to the exclusive jurisdiction of the NLRB over alleged unfair labor practices. E. g., International Longshoremen’s & Warehousemen’s Union v. Juneau Spruce Corp., 342 U.S. 237 , 72 S.Ct. 235 , 96 L.Ed. 275 (1952); Note, 40 Ind.L.Rev. 55 (1964); see Local 20, Teamsters, etc. v. Morton, 377 U.S. 252 , 258-259 n. 13, 84 S.Ct. 1253 , 12 L.Ed.2d 280 (1964); Sovern, Section 301 and the Primary Jurisdiction of the NLRB, 76 Harv.L.Rev. 529, 549-550 (1963). Moreover, an administrative determination, such as the one involved here, does not bind the court confronted with the question of whether particular union activity violated § 8(b) (4) in a § 303 suit. Compare NLRB v. Deena Artware, Inc., 198 F.2d 645 (6th Cir. 1952), cert. denied, 345 U.S. 906 , 73 S.Ct. 644 , 97 L.Ed. 1342 (1953), with United Brick & Clay Workers of America v. Deena Artware, Inc., 198 F.2d 637 (6th Cir.), cert. denied, 344 U.S. 897 , 73 S.Ct. 277 , 97 L.Ed. 694 (1952).” (Emphasis added).”

   3 later decisions quote this exact passage · from the dissent
   e.g. Simpkins v. SW IDAHO PAINT. DIST. C. NO. 57 · Old Dutch Farms, Inc. v. Milk Drivers & Dairy Employees Local Union No. 584

3. “(a) It shall be unlawful, for the purpose of this section only, in an industry or activity affecting commerce, for any labor organization to engage in any activity or conduct defined as an unfair labor practice in section 158(b) (4) of this title. (b) Whoever shall be injured in his business or property by reason or any violation of subsection (a) of this section may sue therefor in any district court of the United States subject to the limitations and provisions of section 185 of this title without respect to the amount in controversy, or in any other court having jurisdiction of the parties, and shall recover the damages by him sustained and the cost of the suit. June 23, 1947, c. 120, Title III, § 303, 61 Stat. 158 ; Sept. 14, 1959, Pub.L. 86-257, Title VII, § 704(e), 73 Stat. 545 .”

   1 later decision quote this exact passage · from the dissent
   e.g. Simpkins v. SW IDAHO PAINT. DIST. C. NO. 57