Holland v. Gee’s Empirical Analysis

Citation profile

13 federal appellate · 1 district · 2 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 88 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The law is by now well settled in this Circuit that a legal claim or argument that has not been briefed before the court is deemed abandoned and its merits will not be addressed.”

   2 later decisions quote this exact passage · from the majority
   e.g. United States v. Thompson · 551 F. App'x 555 - Javado Audric Thompson v. Secretary, Florida Department of Corrections

2. “Under McDonnell Douglas, the plaintiff must initially establish a prima facie case, which generally consists of the following: 1) the plaintiff was a member of a protected class, 2) [the plaintiff] was qualified to do the job, 3) [the plaintiff] was subjected to an adverse employment action, and 4) similarly situated employees outside of the protected class were treated differently.... The prima facie case creates a presumption of discrimination, the role of which is to “force the defendant to come forward with some response.””

   1 later decision quote this exact passage · from the majority
   e.g. Powell v. American Remediation & Environmental, Inc.

3. “The presence of a comparator 'is not an element of a [Title VII] claim.'”

   1 later decision quote this exact passage · from the majority
   e.g. Doe v. Brown Univ.