Nasem v. Brown’s Empirical Analysis
595 F.2d 801 · 1979
Citation profile
29 federal appellate · 6 district · 4 state decisions
How this case has been cited
Cited by 53 later decisions — most recently March 2022 · most notably Batson v. Shiflett (1992), McCord v. Bailey (1980)
29 federal appellate · 6 district · 4 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 28 U.S.C. § 294 · 42 U.S.C. § 2000E (§ 701 of the Title VII of the Civil Rights Act of 1964)
Relies on McDonnell Douglas Corp. v. Green · Commissioner v. Sunnen · United States v. Utah Construction & Mining Co. · Chandler v. Roudebush · M. Morrin & Son Co. v. Burgess Construction Co.
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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(t) he advantages of finality . . . can only be fairly garnered when the party to be estopped has had an adequate opportunity to litigate his claims”
2 later decisions quote this exact passage · from the majority“We are particularly disturbed by the inability of the parties to present live witness testimony in a proceeding that necessarily turns largely on retaliatory motivation, see B. Schlei & P. Grossman, Employment Discrimination Law 438-39 (1976), and thus demands that the decision-maker weigh witness credibility. Similarly, there is no opportunity to cross-examine opposing witnesses, the importance of which cannot be underestimated. Any deficiency in agency process that denies parties the procedural opportunity to present their claims for full agency consideration falls short of Utah Construction.”
1 later decision quote this exact passage · from the majority“agency is acting in a judicial capacity and resolves disputed issues ... properly before it which the parties have had an adequate opportunity to litigate,”
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.