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← 408 F.3d 328 - Walker v. Mueller Industries, Inc.

Walker v. Mueller Industries, Inc.’s Empirical Analysis

408 F.3d 328 · 2005

Citation profile

15
cited by 15 later decisions
1
states following
May 2024
most recently cited

4 federal appellate · 1 state decisions

How this case has been cited

Cited by 15 later decisions — most recently May 2024

4 federal appellate · 1 state decisions

70200520102020decided

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 42 U.S.C. § 1981 (Civil Rights Act of 1866) · 42 U.S.C. § 2000E (§ 703 of the Title VII of the Civil Rights Act of 1964)

Relies on United States v. Olano · Johnson v. Zerbst · U.S. Equal Employment Opportunity Commission v. AIC Security Investigations, Ltd. · Stone v. City of Indianapolis Public Utilities Division · Gile v. United Airlines, 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “[A]s the district court recognized, this court’s opinion in Bermudez [v. TRC Holdings, Inc.], 138 F.3d [1176,] 1180-81 [(7th Cir.1998)], all but closes the door on the notion that an employee who observes workplace hostility but is not a member of the class of persons at whom the harassment was directed may bring a derivative claim for the harassment. We say “all but” because, after noting an even split among the judges of the Fourth Circuit on this question in Childress v. City of Richmond, Va., 134 F.3d 1205 (4th Cir.1998)(en banc), we concluded our discussion in Bermudez with the qualification that “[w]e need not come to rest on the subject today...” 138 F.3d at 1181. Instead, we proceeded to reject the hostile environment claim for lack of proof that the harassment “poisoned the working atmosphere” for the plaintiff. Id. 14”
    1 later decision quote this exact passage · from the majority
  2. “[W]aiver is the intentional relinquishment of a known right.”). . The elements of proof for retaliation claims under Title VII and § 1981 are”
    1 later decision 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.