Bolden v. Walsh Construction Co.’s Empirical Analysis
688 F.3d 893 · 2012
Citation profile
11 federal appellate · 2 district ·
Relationships
Relies on General Telephone Co. of Southwest v. Falcon · Watson v. Fort Worth Bank & Trust · United States v. Bestfoods · Wal-Mart Stores, Inc. v. Dukes · McReynolds v. Merrill Lynch, Pierce, Fenner & Smith, 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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Using a future decision on the merits to specify the scope of the class makes it impossible to determine who is in the class until the case ends, and it creates the prospect that, if the employer should prevail on the merits, this would deprive the judgment of preclusive effect: any other former worker could file a new suit, given that the losing ‘class’ lacked any members.”
3 later decisions quote this exact passage“[In McReynolds,] we held that a national class could be certified to contest the policies], which [were] adopted by top management and applied to all of Merrill Lynch’s offices throughout the nation. This single national policy was the missing ingredient in Wal-Mart____ [Here,] Walsh had no relevant company-wide (or Chicago SMSA-wide) policy other than (a) its rule against discrimination, and (b) its grant of discretion to superintendents assigning work and coping with offensive or bigoted conduct. The first of these policies presents no problem ... and the second — the policy of on-site operational discretion is the precise policy that Wal-Mart says cannot be addressed in a company-wide class action.”
1 later decision quote this exact passage“(1) the class is so numerous that joinder of all members is impracticable; (2) there are questions of law or fact common to the class; (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class; and (4) the representative parties will fairly and adequately protect the interests of the class.”
1 later decision quote this exact passagee.g. Artis v. Greenspan
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.