Zokari v. Gates’s Empirical Analysis
561 F.3d 1076 · 2009
Citation profile
6 federal appellate · 7 district ·
Appellate journey
reviewedthe decision below (from Kansas District Court)
Relationships
Applies 28 U.S.C. § 1291 · 29 U.S.C. § 216 · 29 U.S.C. § 217 · 42 U.S.C. § 2000E (§ 704 of the Title VII of the Civil Rights Act of 1964)
Relies on Bell Atlantic Corp. v. Twombly · McDonnell Douglas Corp. v. Green · Conley v. Gibson · Foman v. Davis · Brock v. Superior Care, 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“As a general rule, a plaintiff should not be prevented from pursuing a valid claim just because she did not set forth in the complaint a theory on which she could recover, provided always that a late shift in the thrust of the case will not prejudice the other party in maintaining his defense upon the merits. We do not believe, however, that the liberalized pleading rules permit plaintiffs to wait until the last minute to ascertain and refine the theories on which they intend to build their case. This practice, if permitted, would waste the parties’ resources, as well as judicial resources, on discovery aimed at ultimately unavailing legal theories and would unfairly surprise defendants, requiring the court to grant further time for discovery or continuances. Expressing that holding in terms of Rule 8(e), one would say that it would not have served justice at that stage of the proceedings to construe the plaintiffs complaint as encompassing a failure-to-hire claim____ It must be remembered that an undue amount of permissiveness toward the pleadings by the judicial system eventually may be reflected as an unwarranted increase in the burden on the other parties and the district judge.”
1 later decision quote this exact passage · from the majority“a party is not entitled to a specific jury instruction on every correct proposition of law. When the other instructions establish a sound basis for an argument by the party to the jury on that proposition, an additional instruction is not essential and runs the risk of suggesting that the trial judge has adopted the party’s view.”
1 later decision quote this exact passage · from the majority“As we have explained, an employer's action against an employee cannot be because of that employee's protected opposition unless the employer knows the employee engaged in protected opposition.”
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.