Pears v. Spang’s Empirical Analysis
1989
Citation profile
2 federal appellate · 4 district · 1 state decisions
Relationships
Relies on McDonnell Douglas Corp. v. Green · Texas Department of Community Affairs v. Burdine · United States v. Ron Pair Enterprises, Inc. · Healy v. New York Life Insurance · Coventry v. United States Steel Corp.
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) The clarity and specificity of the release language; (2) The plaintiffs education and business experience; (3) The amount of time plaintiff had for deliberation about the release before signing it; (4) Whether plaintiff knew or should have known his rights upon execution of the release; (5) Whether plaintiff was encouraged to seek, or in fact received the benefit of counsel; (6) Whether there was an opportunity for negotiation of the terms of the agreement; and (7) Whether the consideration given in exchange for the waiver and accepted by the employee exceeds the benefits to which the employee was already entitled by contract or law.”
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.