Foster v. Dalton’s Empirical Analysis
71 F.3d 52 · 1995
Citation profile
17 federal appellate · 10 district ·
How this case has been cited
Cited by 37 later decisions — most recently February 2024 · most notably Smith v. Fw Morse & Co Inc (1996), DeCaire v. Mukasey (2008)
17 federal appellate · 10 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
Applies 38 U.S.C. § 4214 · 42 U.S.C. § 2000E (§ 701 of the Title VII of the Civil Rights Act of 1964) · 42 U.S.C. § 2000E (§ 717 of the Title VII of the Civil Rights Act of 1964)
Relies on Anderson v. City of Bessemer City · Furnco Construction Corp. v. Waters · Voinovich v. Quilter · Cumpiano v. Banco Santander Puerto Rico · Johnson v. Watts Regulator Co.
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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“On such a record, it is the trial court’s prerogative-indeed, its duty- to select the inference that it deems appropriate. Because we cannot accept the appellant’s invitation to create a presumption that the use of an old boy network in hiring constitutes per se racial discrimination, we are powerless to subvert the district court’s election [in a bench trial] between conflicting inferences.”
1 later decision quote this exact passage · from the majoritye.g. Harris v. Hays“Following a bench trial, an appellate tribunal is not warranted in substituting its judgment for that of the trial court.”
1 later decision quote this exact passage · from the majority“when there are two permissible views of the evidence, the factfinder's choice between them cannot be clearly erroneous.”
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.