Moss v. BMC Software, Inc.’s Empirical Analysis
610 F.3d 917 · 2010
Citation profile
25 federal appellate · 1 state decisions
Relationships
Applies 29 U.S.C. § 621 (§ 2 of the Age Discrimination in Employment Act of 1967) · 29 U.S.C. § 623 (§ 4 of the Age Discrimination in Employment Act of 1967)
Relies on McDonnell Douglas Corp. v. Green · Gross v. FBL Financial Services, Inc. · Ash v. Tyson Foods, Inc. · Rachid v. Jack in Box, Inc. · Bodenheimer v. PPG Industries, 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 123 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A plaintiff may show pretext either through evidence of disparate treatment or by showing that the employer's proffered explanation is false or unworthy of credence.”
5 later decisions quote this exact passage · from the majority“if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.”
4 later decisions quote this exact passage · from the majority“the burden shifts to the employer to provide a legitimate, non-discriminatory reason for the employment decision.”
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.