Burkart Randall Division of Textron, Inc. v. Marshall’s Empirical Analysis

Citation profile

36 federal appellate · 3 district · 4 state decisions

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

1. “specific evidence of an existing violation.”

   4 later decisions quote this exact passage · from the majority
   e.g. Public Service Co. of Indiana, Inc. v. United States Environmental Protection Agency · Hern Iron Works, Inc. v. Donovan

2. “all pertinent conditions, structures, machines, apparatus, devices, equipment, materials, and all other things therein (including records, files, papers, processes, controls, and facilities) bearing on whether this employer is furnishing to its employees employment and a place of employment which are free from recognized hazards.”

   3 later decisions quote this exact passage · from the dissent
   e.g. Marshall v. North American Car Co. · Hern Iron Works, Inc. v. Donovan

3. “It would be anomalous to permit general inspections in this context [of administrative plan inspections] and yet hold that only a limited inspection may be conducted where there is particularized probable cause to believe that violations will be found in the specific facility to be inspected. The fact that the specific nature of employee complaints will often make scope limitations possible, does not make them necessary or advisable,”

   2 later decisions quote this exact passage · from the majority
   e.g. Matter of Establishment Insp., Etc. · Marshall v. Seaward International, Inc.