Fitzgerald v. Action, Inc.’s Empirical Analysis
521 F.3d 867 · 2008
Citation profile
17 federal appellate · 6 district · 1 state decisions
How this case has been cited
Cited by 39 later decisions — most recently May 2025 · most notably Tusing v. Des Moines Independent Community School District (2011), Pye v. Nu Aire, Inc. (2011)
17 federal appellate · 6 district · 1 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. § 1140 (§ 510 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 623 (§ 4 of the Age Discrimination in Employment Act of 1967)
Relies on Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corporation · McDonnell Douglas Corp. v. Green · Texas Department of Community Affairs v. Burdine · Reeves v. Sanderson Plumbing Products, Inc. · Gavalik v. Continental Can Co.
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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[S]ueh comments are surely the kind of fact which could cause a reasonable trier of fact to raise an eyebrow, thus providing additional threads of evidence that are relevant to the jury. When combined with other evidence, stray remarks constitute circumstantial evidence that ... may give rise to a reasonable inference of age discrimination.”
1 later decision quote this exact passage · from the majority“raise a question [as to] the true reason for its decision”
1 later decision 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.