Usery v. Local Union No. 639 International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America’s Empirical Analysis
543 F.2d 369 · 1976
Citation profile
39 federal appellate · 9 district · 1 state decisions
How this case has been cited
Cited by 83 later decisions — most recently September 2018 · most notably Donnell v. United States (1982), Monzillo v. Biller (1984)
39 federal appellate · 9 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
Relies on Alyeska Pipeline Service Company v. Wilderness Society · Mills v. Electric Auto-Lite Co. · J. I. Case Co. v. Borak · Sprage v. Ticonic Nat Bank · Hall v. Cole
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 83 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Secretary's determination whether or not to bring original suit.”
5 later decisions quote this exact passage · from the majority“Once the remedial stage is reached, the intervenor acquires full party status, to reflect the shift in statutory focus. With the original election set aside, the Secretary’s role is no longer one of applying his special expertise to vindicate a statutory policy in a manner which insulates unions from frivolous suits and undue governmental intervention. At this point, his primary responsibility is to aid the court in fulfilling its obligation to ensure that the supervised election is conducted in accordance with the law. And in this process, as in the earlier formulation of a suitable remedial order, there is no basis in the statutory scheme for curtailing the intervenor’s assistance to the court.”
3 later decisions quote this exact passage · from the majority“Significantly, in none of these decisions was there a statutory provision that ex pressly authorized the award made. Rather, the governing rationale was that union members by bringing suits against their union help vindicate the statutory policy in favor of union democracy which necessarily redounds to the benefit of the entire membership. ‘Fee-shifting’ is particularly appropriate because of the clear match between the party assessed and the beneficiary of the litigation.”
3 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.