62 F. Supp. 2d 780 - Manzi v. DiCarlo’s Empirical Analysis

Citation profile

1 district ·

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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “While I have assumed for present purposes that plaintiff is an employee who enjoys the protection afforded by the ADEA, the issue is far from clear ... Plaintiff was described by her attorney as one of the “core of people that actually worked within the Senator’s office ...” ... Senator DiCarlo was her appointing authority and she served at his pleasure. While she was technically an employee of the Senate and her appointment by Senator DiCarlo was subject to ratification by the Senate Majority Leader ... it is arguable whether this formal mechanism alters the nature of the relationship between a Senator and his personal staff. .... Nevertheless, because this ground was not asserted as a basis for summary judgment, and because “the highly factual nature of the inquiry necessary to the determination of the ‘personal staff exception does not lend itself well to disposition by summary judgment,” Teneyuca ... I merely note this issue without deciding it.”

   1 later decision quote this exact passage · from the majority
   e.g. Bland v. New York

2. “1) whether the role of the unnamed party could through reasonable effort by the - complainant be ascertained at the time of the filing of the EEOC complaint; 2) whether, under the circumstances, the interests of a named [party] are so similar as the unnamed party’s that for the purpose of obtaining voluntary conciliation and. compliance it would be unnecessary to include the unnamed party in the EEOC proceedings; 8) whether its absence from the EEOC proceedings resulted in actual prejudice to the interests of the unnamed party; 4) whether the unnamed party has in some way represented to the complainant that its relationship with the complainant is to be through the named party.”

   1 later decision quote this exact passage · from the majority
   e.g. Bland v. New York

3. “The purpose of naming the defendant in the filing with the EEOC is that “the charge serves to notify the charged party of the alleged violation and also brings the party before the EEOC, making possible effectuation of the Act’s primary goal of securing voluntary compliance with its mandates.” Eggleston v. Chicago Journeymen Plumbers’ Local Union, 657 F.2d 890 , 905 (7th Cir.1981). With “this two-fold purpose in mind, courts have recognized several exceptions to the rule that parties not named in the EEOC charge are not subject to suit in a private civil action.””

   1 later decision quote this exact passage · from the majority
   e.g. Bland v. New York