Brown v. Scriptpro, LLC’s Empirical Analysis
700 F.3d 1222 · 2012
Citation profile
1 federal appellate · 6 district · 1 state decisions
Relationships
Applies 28 U.S.C. § 1291 · 29 U.S.C. § 207 · 29 U.S.C. § 2612 (§ 102 of the Family and Medical Leave Act of 1993) · 29 U.S.C. § 2615 (§ 105 of the Family and Medical Leave Act of 1993)
Relies on McDonnell Douglas Corp. v. Green · Anderson v. Mt. Clemens Pottery Co. · Rojas v. Florida · Marx v. Schnuck Markets, Inc. · Harvill v. Westward Communications, L.L.C.
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“FMLA claims under a theory of retaliation are subject to the burden-shifting analysis of McDonnell Douglas. Metzler [v. Federal Home Loan Bank of Topeka] 464 F.3d [1164] at 1170 [ (10th Cir.2006)] (citing McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-04 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973)). A prima facie case of retaliation requires a showing that (1) the employee engaged in a protected activity, (2) the employer took an action that a reasonable employee would have found materially adverse, and (3) there is a causal connection between the protected activity and the adverse action. Id. at 1171. Once a plaintiff establishes the prima facie case, the burden shifts to the employer to demonstrate a legitimate, nonretaliatory reason for termination. Id. at 1172. Finally, in order to avoid summary judgment, the employee must show that there is a genuine dispute of material fact as to whether the employer’s reasons for termination are pretextual. Id.”
1 later decision quote this exact passage · from the majority“To establish an FMLA interference claim, 'an employee must show that (1) he was entitled to FMLA leave, (2) an adverse action by his employer interfered with his right to take FMLA leave, and (3) this adverse action was related to the exercise or attempted exercise of the employee's FMLA rights.'”
1 later decision quote this exact passage · from the majority“A deprivation of these rights is a violation regardless of the employer's intent, and the McDonnell Douglas burden shifting analysis does not apply.”
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.