Linder v. Berge’s Empirical Analysis
1983
Citation profile
12 federal appellate · 2 district ·
Relationships
Applies 28 U.S.C. § 1331 · 29 U.S.C. § 151 (§ 1 of the National Labor Relations Act) · 29 U.S.C. § 401 (Labor-Management Reporting and Disclosure Act of 1959) · 29 U.S.C. § 411 · 29 U.S.C. § 414 · 42 U.S.C. § 1981 (Civil Rights Act of 1866) · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 2000E (§ 701 of the Title VII of the Civil Rights Act of 1964)
Relies on Vaca v. Sipes · DelCostello v. International Brotherhood of Teamsters · O'Shea v. Littleton · Johnson v. Railway Express Agency, Inc. · Steele v. Louisville & Nashville Railroad
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he balance of interests so painstakingly crafted by the Court in DelCostello —the search for equipoise between the national interest in stability of bargaining and in the expeditious and certain resolution of labor disputes, on the one hand, and the similar but more particularized interest of all parties to a given dispute (employer, employee and union) in not only those considerations but in individualized rights and in the availability of judicial review designed to insure fairness of results without undue disruption of the workplace, the collective bargaining process or the protectable rights of the parties themselves, on the other hand — is precisely what is at stake here. To borrow a phrase utilized by the Supreme Court in a somewhat divergent context, “the family resemblance is undeniable.””
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.