Wagner v. Jones’s Empirical Analysis

Citation profile

7 federal appellate · 6 district · 1 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he burden of persuasion itself passes to the defendant-employer once the plaintiff produces sufficient evidence from which the fact finder reasonably can infer that the plaintiff's protected conduct was a "substantial" or "motivating" factor behind her dismissal. Accordingly, once the burden of persuasion shifts to the defendant-employer, the plaintiff-employee will prevail unless the fact finder concludes that the defendant has produced enough evidence to establish that the plaintiff's dismissal would have occurred in any event for nondiscriminatory reasons.”

   1 later decision quote this exact passage · from the dissent
   e.g. Mahn v. Jefferson Cnty.

2. “A plaintiff alleging First Amendment retaliation must ... make a prima facie showing that (1) [ ]he engaged in conduct protected by the First Amendment; (2) [ ]he suffered an adverse employment action; and (3) the protected activity was a substantial or motivating factor in the employer's decision to take the adverse employment action.”

   1 later decision quote this exact passage · from the dissent
   e.g. Charleston v. McCarthy

3. “We find the First Circuit's test on First Amendment discrimination to be well reasoned, based on Supreme Court precedent, and utilized in a similar manner by other circuits.”

   1 later decision quote this exact passage · from the dissent
   e.g. Mahn v. Jefferson Cnty.