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← 734 FSUPP 671 - Cain v. Hyatt

Cain v. Hyatt’s Empirical Analysis

1990

Citation profile

36
cited by 36 later decisions
1
cited 1 times by the Supreme Court
4
states following
July 1999
most recently cited

10 federal appellate · 2 district · 4 state decisions

Relationships

Applies 28 U.S.C. § 1332 (Class Action Fairness Act of 2005) · 29 U.S.C. § 709 · 42 U.S.C. § 2000E (§ 701 of the Title VII of the Civil Rights Act of 1964) · 42 U.S.C. § 3601 (§ 801 of the Fair Housing Act (Title VIII, Civil Rights Act of 1968))

Relies on McDonnell Douglas Corp. v. Green · Erie Co v. Tompkins · Stanley v. Illinois · Price Waterhouse v. Hopkins · Trans World Airlines, Inc. v. Thurston

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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “There is a time lapse, often of several years, between exposure to HIV and the onset of symptoms.”
    2 later decisions quote this exact passage · from the concurrence
  2. “[I]t was clearly plausible that a leave of absence in 1981 would have provided Kim-bro with an opportunity to endure the 1981 acute episode and then return to work unimpaired for the foreseeable future. Moreover, at the time of his discharge, it was also plausible that a prolonged leave from work would have given Kimbro and his physicians an opportunity to design an effective treatment program. While it is altogether possible that Kimbro’s migraine episodes may have recurred upon his return to work following a leave of absence, such a possibility does not foreclose a finding of liability for failure to accommodate Kimbro’s migraines in 1981. As long as a reasonable accommodation available to the employer could have plausibly enabled a handicapped employee to adequately perform his job, an employer is liable for failing to attempt that accommodation.”
    1 later decision quote this exact passage · from the concurrence
  3. “since first identified in the early 1980s as a distinct medical condition, AIDS has engendered such prejudice and apprehension that its diagnosis typically signifies a social death as concrete as the physical one which follows____ [T]o conclude that [PWAs] are stigmatized is an understatement; they are widely stereotyped as indelibly miasmic, untouchable, physically and morally polluted. These and related prejudices substantially curtail the major life activities of AIDS victims. They are shunned socially and often excluded from public life.”
    1 later decision quote this exact passage · from the concurrence

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.