McKee v. Brimmer’s Empirical Analysis
39 F.3d 94 · 1994
Citation profile
8 federal appellate · 4 state decisions
How this case has been cited
Cited by 16 later decisions — most recently January 2015
8 federal appellate · 4 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
Relies on Lavespere v. Niagara Machine & Tool Works, Inc. · Kisner v. Jackson · Lodge Hall Music Inc Tb v. Waco Wrangler Club Inc W · Magee v. Transcontinental Gas Pipe Line · Lavespere v. Niagara Machine & Tool Works, 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[ (1) ] Whether the principal master has the power to terminate the contract at will; [ (2) ] whether he has the power to fix the price in payment for the work, or vitally controls the manner and time of payment; [ (3) ] whether he furnishes the means and appliances for the work; [ (4) ] whether he has control of the premises; [ (5) ] whether he furnishes the materials upon which the work is done and receives the output thereof, the contractor dealing with no other person in respect to the output; [ (6) ] whether he has the right to prescribe and furnish the details of the kind and character of the work to be done; [ (7) ] whether he has the right to supervise and inspect the work during the course of the employment; [ (8) ] whether he has the right to direct the details of the manner in which the work is to be done; [ (9) ] whether he has the right to employ and discharge the subemployees and to fix their compensation; and [ (10) ] whether he is obliged to pay the wages of said employee.”
2 later decisions quote this exact passage · from the majority“an issue when the relationship between the alleged employer and the alleged employee would `ordinarily' be characterized as that of an employer/employee, but they have a contract which defines their relationship as that of independent contractors.”
2 later decisions quote this exact passage · from the majority
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.