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← 51 SO3D 323 - Dees v. Coaker

Dees v. Coaker’s Empirical Analysis

2009

Citation profile

2
cited by 2 later decisions
1
states following
June 2018
most recently cited

1 federal appellate · 1 state decisions

Relationships

Relies on Duncan v. Walker · Russello v. United States · George Duncan Superintendent Great Meadow Correctional Facility v. Sherman Walker · Bates v. United States · Aland v. Graham

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

  1. ““Our review of the statutory provisions at issue, particularly §§ 16-22-13 to -13.5, leads us to conclude that the salary schedules that the legislature has mandated for [public-education] support personnel must include multiple steps. As previously noted, subsection (a)(2) of each of those statutes provides that each local board of education ‘shall establish and maintain a salary schedule for each class and type of employee and each step of each salary schedule shall be increased to reflect’ the particular percentage pay increase mandated by each statute. Although the word ‘schedule’ is not defined in the statutes, the language employed in the statutes indicates a legislative intention that the required schedules contain steps. We reach this conclusion because the language of the statutes reflects that it is ‘each step ’ of each salary schedule for support personnel to which the mandated pay increase is to be applied. Under the plain meaning of the language of the statutes, an employee whose salary schedule does not include steps would not be entitled to the pay increase provided by the statute, because it is the steps within the employee’s salary schedule to which the mandated salary increases are to be applied. Simply put, the context of the statutes, and, particularly, the structure of the language they employ, requires the word ‘schedule’ to mean more than what the defendants have provided for the plaintiffs in this case, i.e., more than a sheet of paper with a listing o”
    1 later decision quote this exact passage
  2. ““A seven percent salary increase or one thousand dollars ($1,000), whichever amount is greater, shall be paid to each public education support worker and adult bus driver ... employed for the 2007-08 fiscal year in addition to the salary received during the 2007-08 fiscal year .... Each governing body or authority shall establish and maintain a salary schedule for each class and type of employee and each step of each salary schedule shall be increased to reflect a seven percent pay increase or a minimum of one thousand dollars ($1,000), whichever amount is greater, which shall be given to the person employed full-time for the 2007-08 fiscal year and each year employed full-time thereafter. ...””
    1 later decision quote this exact passage
  3. “includes particular language in one section of a statute but omits it in another section of the same Act, it is generally presumed that [the legislature] acts intentionally and purposely in the disparate inclusion or exclusion”
    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.