O'Connor’s Empirical Analysis
Citation profile
22 district · 2 state decisions
How this case has been cited
Cited by 109 later decisions — most recently March 2024 · most notably Roa v. Roa (2010), 565 F. Supp. 2d 343 - Castro-Medina v. Procter & Gamble Commercial Co. (2008)
22 district · 2 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 National Railroad Passenger Corporation v. Morgan · Rutan v. Republican Party of Illinois · Hildebrandt v. Illinois Department of Natural Resources · Shepherd v. Hunterdon Developmental Center · RK Ventures, Inc. v. City of Seattle
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 109 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Morgan provides fairly precise guidance as to what sorts of acts are “discrete.” The Court first observes that “[discrete acts such as termination, failure to promote, denial of transfer, or refusal to hire are easy to identify,” then lists the discrete acts in the case before it .... We can thus take from Morgan the following non-exhaustive list of discrete acts for which the limitations period runs from the act: termination, failure to promote, denial of transfer, refusal to hire, wrongful suspension, wrongful discipline, denial of training, wrongful accusation.”
3 later decisions quote this exact passage · from the majority“'First Amendment retaliation claims are always individually actionable, even when relatively minor' and that the deterrence threshold to chill a plaintiff from exercising her First Amendment rights by reason of the defendant's conduct for such a claim is 'very low.'”
2 later decisions quote this exact passage · from the majority“Morgan held simply that causes of action that can be brought individually expire with the applicable limitations pe riod. By contrast, the “hostile workplace environment” theory is designed explicitly to address situations in which the plaintiffs claim is based on the cumulative effect of a thousand cuts, rather than on any particular action taken by the defendant. In such cases, obviously the filing clock cannot begin running with the first act, because at that point the plaintiff has no claim; nor can a claim expire as to that first act, because the full course of conduct is the actionable infringement. The Court did nothing more than to restate, in the employment discrimination context, the commonsense proposition that an applicable statute of limitations begins to run at the time the claim accrues, and that time-barred claims cannot be resurrected by being aggregated and labeled continuing violations.”
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.