Brown v. Eckerd Drugs, Inc.’s Empirical Analysis
663 F.2d 1268 · 1981
Citation profile
22 federal appellate · 8 district ·
How this case has been cited
Cited by 44 later decisions — most recently September 2016 · most notably Cox v. American Cast Iron Pipe Co. (1986), Holsey v. Armour & Co. (1984)
22 federal appellate · 8 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 42 U.S.C. § 1981 (Civil Rights Act of 1866) · 42 U.S.C. § 2000E (§ 701 of the Title VII of the Civil Rights Act of 1964)
Relies on McDonnell Douglas Corp. v. Green · Texas Department of Community Affairs v. Burdine · United States v. United States Gypsum Co. · International Brotherhood of Teamsters v. United States · Furnco Construction Corp. v. Waters
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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“... [A]n employee who suffers some particularized employment discrimination grievance [is not precluded] from representing other employees who present factually differing claims that, nevertheless, proceed on the same legal theory of race discrimination. . . . Where an employee presents a particularized claim of racial injury, she may represent a class of other employees in bringing a general challenge to workplace discrimination. [Citations omitted]. The nature of employment discrimination injury is such that all minority employees suffer similar injury when unlawful practices gover[n] the conditions of their workplace....”
1 later decision quote this exact passage · from the majority“F.R.Civ.P. 24(b) provides: Upon timely application, anyone may be permitted to intervene in an action: ... (2) when an applicant’s claim or defense and the main action have a question of law or fact in common.... In exercising its discretion the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.”
1 later decision quote this exact passage · from the majority“1. The burden to rebut plaintiff’s case shifted to the defendant when the plaintiff made out a prima facie case; and 2. To establish a defense to a claim of discrimination in a promotion or replacement decision, the employer must show that the promoted employee or the replacement was “as qualified as, or more qualified than” the claimant who was not promoted or replaced.”
1 later decision quote this exact passage · from the dissent
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.