Wysong v. Dow Chemical Co.’s Empirical Analysis
503 F.3d 441 · 2007
Citation profile
11 federal appellate · 5 district · 5 state decisions
How this case has been cited
Cited by 79 later decisions — most recently January 2023 · most notably Seeger v. Cincinnati Bell Telephone Co. (2012), Donald v. Sybra, Inc. (2012)
11 federal appellate · 5 district · 5 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
Applies 29 U.S.C. § 2601 (§ 2 of the Family and Medical Leave Act of 1993) · 29 U.S.C. § 2611 (§ 101 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. § 2615 (§ 105 of the Family and Medical Leave Act of 1993) · 29 U.S.C. § 705 · 42 U.S.C. § 12112 (§ 102 of the Americans with Disabilities Act of 1990)
Relies on Anderson v. Liberty Lobby, Inc. · Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corporation · Bell Atlantic Corp. v. Twombly · Erickson v. Pardus · Karen Sutton Kimberly Hintons v. United Air Lines Inc
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 79 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) []he was an eligible employee; (2) the defendant was an employer as defined under the FMLA; (3) the employee was entitled to leave under the FMLA; (4) the employee gave the employer notice of h[is] intention to take leave; and (5) the employer denied the employee FMLA benefits to which [ ]he was entitled.”
5 later decisions quote this exact passage · from the majority“[i]f an employer takes an employment action based, in whole or in part, on the fact that the employee took FMLA-protected leave, the employer has denied the employee a benefit to which he is entitled.”
5 later decisions quote this exact passage · from the majority“employers cannot use the taking of FMLA leave as a negative factor in employment actions, such as hiring, promotions or disciplinary actions.”
2 later decisions 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.