Bertsch v. Overstock.com’s Empirical Analysis
684 F.3d 1023 · 2012
Citation profile
10 federal appellate · 12 district ·
Relationships
Applies 28 U.S.C. § 1291 · 42 U.S.C. § 2000E (§ 701 of the Title VII of the Civil Rights Act of 1964) · 42 U.S.C. § 2000E (§ 703 of the Title VII of the Civil Rights Act of 1964) · 42 U.S.C. § 2000E (§ 704 of the Title VII of the Civil Rights Act of 1964)
Relies on Anderson v. Liberty Lobby, Inc. · Burlington Northern & Santa Fe Railway Co. v. White · Monge v. California · Burlington Industries, Inc. v. Ellerth · Adler v. Wal-Mart Stores, Inc.
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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“This court has held the exhaustion requirement is a jurisdictional prerequisite to suit under Title VII.”
2 later decisions quote this exact passage · from the majority“To survive summary judgment on a claim alleging a racially hostile work environment, the plaintiff must show that a rational jury could find that the workplace is permeated with discriminatory intimidation, ridicule, and ipsult, that is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment, and that the victim was targeted for harassment because of ... race or national origin.”
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.