Mosby v. Webster College’s Empirical Analysis
563 F.2d 901 · 1977
Citation profile
25 federal appellate · 6 district ·
Relationships
Applies 42 U.S.C. § 1981 (Civil Rights Act of 1866) · 42 U.S.C. § 2000E (§ 706 of the Title VII of the Civil Rights Act of 1964)
Relies on McDonnell Douglas Corp. v. Green · Alyeska Pipeline Service Company v. Wilderness Society · Ohio Bureau of Employment Services v. Hodory · Albemarle Paper Co. v. Moody · Carrion v. Yeshiva University
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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]e find in this case no demonstrable evidence of bad faith on the part of Dr. Mosby in bringing this action and accordingly decline to grant the requested fees. * # * * * * Those factors which have prompted courts to award attorney’s fees to a prevailing defendant are typified by a finding that the plaintiff brought his action in bad faith, (citing cases). We do not in this case attempt to define the outer limits of the concept of bad faith as used in this connection. It is sufficient for present purposes to know that Webster College made no attempt to demonstrate that Dr. Mosby’s action was instituted for any reason other than her earnest belief that she was a victim of racial discrimination. Nor can we say that her legal theories were so empty and frivolous as to imply a vexatious motive. Mosby, 563 F.2d at 905 .”
1 later decision quote this exact passage · from the majority“In Title VII cases alleging individual instances of racial discrimination the plaintiff must carry the initial burden of establishing a prima facie case. Having done so, the burden then shifts to the employer to demonstrate valid non-discriminatory reasons for his actions. The plaintiff must then be given a fair opportunity to show that the reasons tendered by the employer are merely a pretext, thus demonstrating that the employer’s conduct was in reality racially motivated. Mosby v. Webster College, 563 F.2d 901, 903 (8th Cir. 1977).”
1 later decision quote this exact passage · from the majority“[A] “prima facie case” consists of facts sufficient to sustain the inference that the challenged action of the employer was motivated by impermissible considerations. In determining whether a prima facie case has been made, the district court must look to the evidence of both parties relating to the existence of those facts upon which the inference of discrimination depends.”
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.