Merchants Home Delivery Service, Inc. v. National Labor Relations Board’s Empirical Analysis
580 F.2d 966 · 1978
Citation profile
19 federal appellate · 1 district · 2 state decisions
How this case has been cited
Cited by 24 later decisions — most recently March 2015
19 federal appellate · 1 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 29 U.S.C. § 152 (§ 2 of the National Labor Relations Act) · 29 U.S.C. § 158 (§ 8 of the National Labor Relations Act) · 49 U.S.C. § 301
Relies on Cree v. Goldstein · United States v. Silk · National Labor Relations Board v. United Insurance Co. of America · Goldstein v. California · United States v. W. M. Webb, 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'Of the considerations employed in reaching a decision under general agency law [as to whether a person is an employee], the determination of who has the right to control and direct the work is foremost ... tempered, however, by other considerations relevant to the relationship in its entirety.'”
1 later decision quote this exact passage“It is the total situation, including the risk undertaken, the control exercised, the opportunity for profit from sound management, that marks these driver-owners as independent contractors.”
1 later decision quote this exact passage“(a) The extent of control which, by the agreement, the master may exercise over the details of the work. (emphasis added)”
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.