Public-domain · open source
OpenJurist
← 49 ALAAPP 219 - Holmes v. Rice

Holmes v. Rice’s Empirical Analysis

1972

Citation profile

8
cited by 8 later decisions
1
states following
July 1979
most recently cited

8 state decisions

Relationships

Relies on Lanyon v. Administrator, Unemployment Compensation Act · Cudd v. City of Homewood · Usher v. Department of Industrial Relations · 30 Ala. App. 78 - Department of Industrial Relations v. Drummond · Achenbach v. Review Board of Indiana Employment Security Division

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

  1. ““To qualify for unemployment compensation, the burden of proof is on the claimant to show (1) that he was willing to cross a peaceful picket line . . .; (2) that he made a reasonable attempt to cross the picket line in question; (3) that claimant’s sole reason for failing to cross the picket line was a well-founded and reasonable apprehension of violence to his person. . . . We use the word ‘sole’ as contrasted with refusing to cross a picket line because of union beliefs, sympathy with other strikers, pangs of conscience, or adherence to union principles. (Citations omitted.) Ex parte McCleney, supra, p. 292 , 239 So.2d p. 315.”
    1 later decision quote this exact passage
  2. ““ . . . if it were shown that a claimant’s sole reason for failing to cross a picket line was a well founded and reasonable apprehension of violence to his person it would be totally superfluous and unnecessary to prove that he was (1) willing to cross a peaceful picket line, and, (2) that he made a reasonable attempt to cross such picket line. We further indicated that proof of the latter two matters could only be relevant in an effort or means tending to prove the first.””
    1 later decision quote this exact passage

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.