Bibbs v. Block’s Empirical Analysis

Citation profile

14 federal appellate ·

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

1. “In Mt. Healthy, the court adopted a rule of causation, sometimes called the "same decision” test, for cases involving employment decisions based on protected conduct. In such cases, when the plaintiff has shown his protected activity was a "substantial” or “motivating" factor, unlike Burdine , the burden shifts and the employer must show by a preponderance of evidence “that it would have reached the same decision * * * even in the absence of the protected conduct.” Id. 429 U.S. at 287 , 97 S.Ct. at 576 .”

   1 later decision quote this exact passage · from the majority
   e.g. Spanier v. Morrison's Management Services

2. “As stated in Personnel Administrator v. Feeney, 442 U.S. 256, 277 , 99 S.Ct. 2282, 2295 , 60 L.Ed.2d 870 (1979): “Discriminatory intent is simply not amenable to calibration. It either is a factor that has influenced the legislative choice or it is not.””

   1 later decision quote this exact passage · from the majority
   e.g. Spanier v. Morrison's Management Services

3. “plaintiff proves [her] claim of unlawful discrimination by showing that `a discriminatory reason more likely [than not] motivated the employer.'”

   1 later decision quote this exact passage · from the majority
   e.g. 622 F. Supp. 1062 - Flood v. Blest Co.