Winder v. Erste’s Empirical Analysis
566 F.3d 209 · 2009
Citation profile
11 federal appellate · 26 district · 2 state decisions
How this case has been cited
Cited by 54 later decisions — most recently July 2021 · most notably Fairley v. Andrews (2009), Mpoy v. Rhee (2014)
11 federal appellate · 26 district · 2 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 26 U.S.C. § 411 (§ 1012 of the Employee Retirement Income Security Act of 1974)
Relies on Bell Atlantic Corp. v. Twombly · Pickering v. Board of Education of Township High School District 205 Will County Illinois · Connick v. Myers · Garcetti v. Ceballos · Kungys v. United States
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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[I]t is possible that Winder’s broad language, interpreting Garcetti as leaving an employee unprotected when he reports conduct that “interferes with his job responsibilities,” could be in tension with Lane’s holding that an employee’s speech is unprotected only when it is within the scope of the employee’s “ordinary job responsibilities” or “ordinary job duties.” In particular, the use of the adjective “ordinary” — which the court [in Lane] repeated nine times — could signal a narrowing of the realm of employee speech left unprotected by Gar-cetti. Neither Garcetti nor any other previous Supreme Court case had added “ordinary” as a qualifier. But we need not address that question today.”
3 later decisions quote this exact passage · from the majority“testimony before a city council might otherwise be just the sort of citizen speech protected by the First Amendment,” Winder’s testimony was different (and unprotected) because it was given”
2 later decisions quote this exact passage · from the majority“13. DCPS agrees to and does hereby employ you as its General Manager of Transportation commencing on July 22, 2002, with continued service in the position contingent on the final results of your background check. 14. Your annual salary will be $103,530. 15. Salary reviews will be based upon your achievement of previously established objectives and your performance. Your salary will be reviewed annually. The tenure of this contract is one year from the commencement date. 16. You shall be entitled to the full range of fringe benefits including a health care benefit plan; disability and life insurance; and an employer paid pension plan with a contribution by DCPS of 7% of total compensation. Sick and annual leave will be provided according to DCPS’s policies and guidelines. 17. The Chief Operating Officer shall review this Agreement with the Employee annually, and shall, no less than thirty (80) days prior to the expiration of this Agreement or any renewal hereof, take official action determining whether or not it is extended for an additional year or other mutually agreed upon period of time, and notify Employee of such action in writing. 18. The Chief Operating Officer shall evaluate Employee’s performance at least once each Agreement year, using criteria, performance objectives and goals, and an evaluation process adopted by DCPS for Employee’s position, and which is communicated to Employee no more than ninety (90) days after this Agreement is signed.”
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.