Drago v. Jenne’s Empirical Analysis
453 F.3d 1301 · 2006
Citation profile
12 federal appellate ·
How this case has been cited
Cited by 106 later decisions — most recently February 2021 · most notably Arthur v. King (2007), Chapter 7 Trustee v. Gate Gourmet, Inc. (2012)
12 federal appellate ·
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. § 2601 (§ 2 of the Family and Medical Leave Act of 1993) · 29 U.S.C. § 2612 (§ 102 of the Family and Medical Leave Act of 1993) · 29 U.S.C. § 2613 (§ 103 of the Family and Medical Leave Act of 1993) · 29 U.S.C. § 2614 (§ 104 of the Family and Medical Leave Act of 1993) · 29 U.S.C. § 621 (§ 2 of the Age Discrimination in Employment Act of 1967)
Relies on Texas Department of Community Affairs v. Burdine · Clark County School District v. Breeden · Hairston v. Gainesville Sun Publishing Co. · Harper v. Blockbuster Entertainment Corp. · King v. Preferred Technical Group
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 106 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“in a retaliation case, when an employer contemplates an adverse employment action before an employee engages in protected activity, temporal proximity between the protected activity and the subsequent adverse employment action does not suffice to show causation. Cf. Cotton v. Cracker Barrel Old Country Store, Inc. , 434 F.3d 1227 , 1232 (11th Cir. 2006) (citing Clark County School Dist. v. Breeden , 532 U.S. 268 , 272, 121 S.Ct. 1508 , 1510-11, 149 L.Ed.2d 509 (2001) ).”
2 later decisions quote this exact passage · from the majority“in the absence of any other evidence tending to show causation, a three-and-one-half month proximity between a protected activity and an adverse employment action is insufficient to create a jury issue on causation.”
1 later decision quote this exact passage · from the majoritye.g. Moore v. Pool Corp.“The decision to alter or amend judgment is committed to the sound discretion of the district judge and will not be overturned on appeal absent an abuse of discretion.”
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.