Green v. Dillard's, Inc.’s Empirical Analysis

Citation profile

14 federal appellate · 1 district ·

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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “discouraged her coworkers from assisting them,” “treated them at all times with pronounced hostility,” including calling them”

   3 later decisions quote this exact passage · from the majority
   e.g. Withers v. Dick's Sporting Goods, Inc. · Hammond v. Kmart Corp.

2. “The addition of § 1981(b) extended the statute’s protections “to all phases and incidents of the contractual relationship,” Rivers v. Roadway Express, Inc., 511 U.S. 298, 302 , 114 S.Ct. 1510 , 128 L.Ed.2d 274 (1994), specifically and precisely including “the making ... of contracts,” and the language of § 1981(a) is itself very broad. See Denny v. Elizabeth Arden Salons, Inc., 456 F.3d 427, 437 (4th Cir.2006). As the First Circuit has explained, § 1981 reaches “beyond the four corners” of a contract into the contracting process. Garrett v. Tandy Corp., 295 F.3d 94 , 100 (1st Cir.2002). In the retail context, § 1981 plaintiffs are required to demonstrate that they actively sought to enter into a contract with the retailer. Williams v. Staples, Inc., 372 F.3d 662, 667-68 (4th Cir.2004); Christian v. Wal-Mart Stores, Inc., 252 F.3d 862, 872 (6th Cir.2001). There must have been “some tangible attempt to contract,” Morris v. Dillard Dep’t Stores, Inc., 277 F.3d 743, 752 (5th Cir.2001), such as a demonstrated interest in specific items which the defendant has held out for sale. Cf. Morris v. Office Max, Inc., 89 F.3d 411, 414 (7th Cir.1996) (no evidence that plaintiffs were interested in merchandise). Since the Greens had completed their purchase of the purse, wallet, and key chain, thus making the contract for them, they no longer had an interest in forming a contract as to those items, see Youngblood, 266 F.3d at 854-55 , but the issue is different in respect to the wristwatch w”

   2 later decisions quote this exact passage · from the majority
   e.g. 495 F. Supp. 2d 957 - Kirt v. Fashion Bug 3253, Inc. · Barfield v. Commerce Bank, N.A.

3. “On August 11, 2002, Rodney and Charlan Green went to the Dillard’s store in the Metro North Mall in Kansas City, Missouri to buy a handbag, purse, and watch for Charlan. They went directly to the watch counter in the accessories section where watches were displayed in a locked display case. Although there were two clerks in the section, neither approached the Greens who looked at the watches in the glass case for about ten minutes while waiting to be helped. One of the clerks was leaning against a wall with her arms folded, and Charlan went up to her and asked, “Ma'am, can you help us?” The clerk was Linda McCrary, and she said “No” to Charlan and continued to stand in the same position. The Greens testified that they were stunned by her response and immediately turned to leave the store, but the other clerk in the section, Veronica Agüero, yelled, “Ma'am, I’ll help you when I’m finished here.” Agüero was helping other customers at the time so the Greens waited at the purse counter. Although McCrary was still in the accessories department, she made no move to help the Greens while they waited. When Agüero came over to the purse counter to assist the Greens, McCrary followed. She stood by the register with her arms crossed and glared at the Greens while they looked at the merchandise. With Aguero’s help, Charlan selected a purse, a matching wallet, and a key chain to buy. When she saw this, McCrary loudly asked Agüero, “Are they getting all that? How are they paying for it?” A”

   1 later decision quote this exact passage · from the majority
   e.g. 495 F. Supp. 2d 957 - Kirt v. Fashion Bug 3253, Inc.