Donovan v. Grantham’s Empirical Analysis
690 F.2d 453 · 1982
Citation profile
10 federal appellate · 2 district ·
How this case has been cited
Cited by 24 later decisions — most recently March 2011
10 federal appellate · 2 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
Relies on Anderson v. Mt. Clemens Pottery Co. · Indiana Employment Security Division v. Burney · Arthur Coleman v. Jiffy June Farms, Inc., James D. Hodgson, Secretary of Labor, United States Department of Labor v. Jiffy June Farms, Inc. · Donovan v. Brown Equipment and Service Tools Inc · Wirtz v. Malthor, 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“... the district court’s discretion to deny the injunction where it makes such a finding is severely limited and must be exercised with an eye to the purposes of the Act. Donovan v. Brown Equipment and Service Tools, Inc., 666 F.2d 148, 157 (5th Cir.1982). Those purposes are first, the compensation of the employees for their losses and second, the correction of a continuing offense against the public interest by increasing the effectiveness of the Act’s enforcement.... This latter purpose is accomplished by divesting a violator of any gains accruing through this violation and by protecting those employers who comply with the Act’s wage requirements from the unfair competitive advantage which would otherwise be enjoyed by non-complying employers. [citing] Marshall v. Chala Enterprises, Inc., 645 F.2d 799, 803 (9th Cir.1981); Marshall v. A & M Consolidated Independent School District, 605 F.2d 186, 189 (5th Cir.1979); Wirtz v. Malthor, 391 F.2d 1 , 3 (9th Cir.1968).”
1 later decision quote this exact passage · from the majority“While a restitutionary injunction need not issue as a matter of course upon a finding of past wages due, the district court’s discretion to deny the injunction where it makes such a finding is severely limited and must be exercised with an eye to the purposes of the act.”
1 later decision quote this exact passage · from the majoritye.g. Reich v. IBP, Inc.
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.