Winston v. Lear-Siegler, Inc.’s Empirical Analysis
558 F.2d 1266 · 1977
Citation profile
53 federal appellate · 9 district · 3 state decisions
How this case has been cited
Cited by 100 later decisions (1 by the Supreme Court) — most recently May 2019 · most notably CBOCS West, Inc. v. Humphries (2008), Dartmouth Review v. Dartmouth College (1989)
53 federal appellate · 9 district · 3 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 28 U.S.C. § 1343 · 28 U.S.C. § 2201 · 42 U.S.C. § 1981 (Civil Rights Act of 1866) · 42 U.S.C. § 1982 (Civil Rights Act of 1866)
Relies on Johnson v. Railway Express Agency, Inc. · McDonald v. Santa Fe Trail Transportation Co. · Jones v. Alfred H. Mayer Co. · Barrows v. Jackson · Hospital Building Co. v. Trustees of Rex Hospital
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 100 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.”
3 later decisions quote this exact passage“In conclusion, the issue of whether or not the white plaintiff in this action has standing to sue his former employer under 42 U.S.C. § 1981 for discharging him in alleged retaliation for plaintiff’s protesting the alleged discriminatory firing of a black coworker is one of first impression in this Circuit. The only other Circuit having reportedly addressed the issue has resolved it in the affirmative. DeMatteis v. Eastman Kodak Co., supra [ 511 F.2d 306 ]. DeMatteis reached its conclusion based upon its understanding of the Supreme Court’s decision in Sullivan v. Little Hunting Park [ 396 U.S. 229 , 90 S.Ct. 400 , 24 L.Ed. 386 ] to be “ . . . that a white person who has been . ‘punished for trying to vindicate the rights of (non-white) minorities . . ’ has standing to sue under § 1981.” DeMatteis, supra, at 312. While the Supreme Court only specifically addressed this issue with respect to Section 1982, the plaintiff in Sullivan did file his action pursuant to Section 1981 as well as Section 1982. Moreover, in view of both Sections 1981 and 1982 being derived from the Civil Rights Act of 1866 and in view of the similarity in language and intent, no reason is seen not to apply the rationale of Sullivan in interpreting Section 1981. The judgment of the District Court is REVERSED and the case remanded with instructions to reinstate the complaint of the appellant in accordance with this opinion.”
1 later decision quote this exact passage“All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws or proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other. 42 U.S.C. § 1982 states: All citizens of the United States shall have the same right, in every State and Territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold and convey real and personal property.”
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.