Souder v. Brennan’s Empirical Analysis
1973
Citation profile
6 federal appellate · 2 district · 7 state decisions
How this case has been cited
Cited by 24 later decisions (1 by the Supreme Court) — most recently October 2011
6 federal appellate · 2 district · 7 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 29 U.S.C. § 201 (American Samoa Labor Standards Amendments of 1956) · 29 U.S.C. § 202 · 29 U.S.C. § 203 · 29 U.S.C. § 206 (Equal Pay Act of 1963) · 29 U.S.C. § 211 · 29 U.S.C. § 213 · 29 U.S.C. § 214 · 42 U.S.C. § 2000D
Relies on Udall v. Tallman · Employees of Department of Public Health Welfare Missouri v. Department of Public Health & Welfare Missouri · Collett Kitpatrick v. Texas and Pacific Railway Co · Power Reactor Development Co. v. International Union of Electrical, Radio & MacHine Workers · Goldberg v. Whitaker House Cooperative, Inc.
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The words of the statute here in question say simply that ‘employ’ means ‘to suffer or permit to work’, that ‘employer’ specifically includes ‘a hospital, institution, or school’ for the residential care of the mentally ill. The terms of the Fair Labor Standards Act have traditionally been broadly construed and the Congress is not only aware of but has approved of such broad construction. Economic reality is the test of employment and the reality is that many of the patient-workers perform work for which they are in no way handicapped and from which the institution derives full economic benefit. So long as the institution derives any consequential economic benefit the economic reality test would indicate an employment relationship rather than mere therapeutic exercise. To hold otherwise would be to make therapy the sole justification for thousands of positions as dishwashers, kitchen helpers, messengers and the like.” (Footnotes deleted.)”
2 later decisions quote this exact passage · from the majority“(1)the prosecution of separate actions by or against individual members of the class would create a risk of (a) inconsistent or varying adjudications with respect to individual members of the class which would establish incompatible standards of conduct for the party opposing the class, or (b) adjudications with respect to individual members of the class which would as a practical matter be dispositive of the interest of the other members not parties to the adjudications or substantially impair or impede their ability to protect their interests; or (2) the party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole; or (3) the court finds that the questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy. The matters pertinent to the findings include: (a) the interest of members of the class in individually controlling the prosecution or defense of separate actions; (b) the extent and nature of any litigation concerning the controversy already commenced by or against members of the class; (c) the desirability or undesirability of concentrating the litigation of the claims in the particular forum; (d) the difficulties likely to be”
1 later decision quote this exact passage · from the majoritye.g. Bowen v. Sonnenburg
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.