Joseph v. Athanasopoulos’s Empirical Analysis
648 F.3d 58 · 2011
Citation profile
11 federal appellate ·
Relationships
Applies 28 U.S.C. § 1292 · 28 U.S.C. § 1738 · 42 U.S.C. § 12112 (§ 102 of the Americans with Disabilities Act of 1990) · 42 U.S.C. § 12117 (§ 107 of the Americans with Disabilities Act of 1990) · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 2000E (§ 701 of the Title VII of the Civil Rights Act of 1964) · 42 U.S.C. § 2000E (§ 706 of the Title VII of the Civil Rights Act of 1964)
Relies on Kremer v. Chemical Construction Corp. · Marrese v. American Academy of Orthopaedic Surgeons · University of Tennessee v. Elliott · Semtek International Inc. v. Lockheed Martin Corp. · San Remo Hotel L.P. v. City and County of San Francisco
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“When a plaintiff brings a discrimination claim before the New York State Division of Human Rights (“DHR”) and commences an untimely Article 78 proceeding challenging the DHR’s adverse determination of that claim, does the state court’s dismissal of the Article 78 proceeding pursuant to the time limitations set forth in N.Y. Exec. Law § 298 amount to an adjudication “on the merits” for res judicata purposes, such that the plaintiff cannot litigate her claim in another jurisdiction with a longer, unexpired limitations period?”
1 later decision quote this exact passage · from the majority“dismissal on limitations grounds merely bars the remedy in the first system of courts, and leaves a second system of courts free to grant a remedy that is not barred by its own limitations rules.”
1 later decision quote this exact passage · from the majority“the New York Court of Appeals has not squarely addressed”
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.