Smart v. Porter Paint Co.’s Empirical Analysis
630 F.2d 490 · 1980
Citation profile
22 federal appellate · 1 district · 1 state decisions
Relationships
Applies 29 U.S.C. § 259 · 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) · 29 U.S.C. § 626 (§ 7 of the Age Discrimination in Employment Act of 1967) · 42 U.S.C. § 623 (§ 423 of the Social Security Act of 1935)
Relies on Board of Regents of State Colleges v. Roth · Bradley v. School Board of City of Richmond · United Air Lines, Inc. v. McMann · Stump v. Sparkman · Brennan v. Taft Broadcasting 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It shall not be unlawful for an employer . . . “(2) to observe the terms of a bona fide seniority system or any bona fide employee benefit plan such as a retirement, pension, or insurance plan, which is not a subterfuge to evade the purposes of this chapter, except that no such employee benefit plan shall excuse the failure to hire any individual, and no such seniority system or employee benefit plan shall require or permit the involuntary retirement of any individual specified by § 631(a) of this title because of the age of such individual....’’”
2 later decisions quote this exact passage · from the majority““[N]o employer shall be subject to any liability ... if he pleads and proves that the act or omission complained of was in good faith in conformity with and in reliance on any written administrative regulation, order, ruling, approval or interpretation, of the agency----””
2 later decisions quote this exact passage · from the majority“for an employer to 'observe the terms' of a retirement plan when it forces an employee to retire, either the plan must contain a mandatory retirement age or the plan must grant the employer the right to force retirement at an appropriate age of his choosing.”
2 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.