Boyd v. Gardner’s Empirical Analysis
377 F.2d 718 · 1967
Citation profile
17 federal appellate · 5 district ·
How this case has been cited
Cited by 40 later decisions — most recently March 1982 · most notably Hicks v. Gardner (1968), Floyd v. Finch (1971)
17 federal appellate · 5 district ·
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 Thomas v. Celebrezze · Jarvis v. Ribicoff · Hayes v. Gardner · Ray v. Celebbezze · Davidson v. Gardner
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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Moreover, although such jobs might exist in that area, this is not to say that they are “available” to a man in Cooke’s condition. It is a matter of common knowledge that employers are hesitant to hire the handicapped, particularly if they have no special skills. The prospective employer’s fear of absenteeism, the possibility of higher workmen’s compensation premiums, and uncertainty whether such an employee will be able to perform his work satisfactorily, are factors militating against the abstract judgment that jobs are available to this man.”
1 later decision quote this exact passage · from the majoritye.g. Weicht v. Weinberger“Since she could not continue to perform in her previous occupation, the burden shifted to the Social Security Administration to show that there are other kinds of work actually available for which a fifty-seven-year old woman with claimant’s impairments may be considered reasonably suited. [Emphasis in original.]”
1 later decision quote this exact passage · from the majoritye.g. Hicks v. Gardner
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.