Breininger v.’s Empirical Analysis
1989
Citation profile
231 federal appellate · 42 district · 28 state decisions
How this case has been cited
Cited by 605 later decisions (10 by the Supreme Court) — most recently June 2024 · most notably Air Line Pilots Ass'n v. O'Neill (1991), United Steelworkers of America, AFL-CIO-CLC v. Rawson (1990)
231 federal appellate · 42 district · 28 state decisions — followed in 10 states
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.
Appellate journey
reviewedthe decision below (from Sixth Circuit Court of Appeals)
Relationships
Applies 28 U.S.C. § 1337 · 29 U.S.C. § 151 (§ 1 of the National Labor Relations Act) · 29 U.S.C. § 157 (§ 7 of the National Labor Relations Act) · 29 U.S.C. § 158 (§ 8 of the National Labor Relations Act) · 29 U.S.C. § 159 (§ 9 of the National Labor Relations Act) · 29 U.S.C. § 185 (§ 301 of the Labor Management Relations Act of 1947 (Taft-Hartley Act)) · 29 U.S.C. § 401 (Labor-Management Reporting and Disclosure Act of 1959) · 29 U.S.C. § 411
Relies on Conley v. Gibson · Hishon v. King & Spalding · Vaca v. Sipes · Preiser v. Rodriguez · DelCostello v. International Brotherhood of Teamsters
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 605 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“that by using the phrase `otherwise discipline,' Congress did not intend to include all acts that deterred the exercise of rights protected under the LMRDA, but rather meant instead to denote only punishment authorized by the union as a collective entity to enforce its rules.”
8 later decisions quote this exact passage · from the concurrence“No member of any labor organization may be ... expelled”
7 later decisions quote this exact passage · from the majority“'under color of the union's right to control the member's conduct in order to protect the interests of the union or its membership.'”
6 later decisions 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.