Ross v. Gilhuly’s Empirical Analysis
755 F.3d 185 · 2014
Citation profile
6 federal appellate ·
Relationships
Applies 28 U.S.C. § 1291 · 28 U.S.C. § 1331 · 29 U.S.C. § 2601 (§ 2 of the Family and Medical Leave Act of 1993) · 29 U.S.C. § 2612 (§ 102 of the Family and Medical Leave Act of 1993)
Relies on Anderson v. Liberty Lobby, Inc. · Celotex Corporation v. Catrett H · McDonnell Douglas Corp. v. Green · Price Waterhouse v. Hopkins · Gross v. FBL Financial Services, Inc.
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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) he or she was an eligible employee under the FMLA; (2) the defendant was an employer subject to the FMLA’s requirements; (3) the plaintiff was entitled to FMLA leave; (4) the plaintiff gave notice to the defendant of his or her intention to take FMLA leave; and (5) the plaintiff was denied benefits to which he or she was entitled under the FMLA.”
6 later decisions quote this exact passage · from the majority“Because FMLA retaliation claims require proof of the employer's retaliatory intent, courts have assessed these claims through the lens of employment discrimination law. Accordingly, claims based on circumstantial evidence have been assessed under the burden-shifting ["pretext”] framework established in McDonnell Douglas Corp. v. Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973), while claims based on direct evidence have been assessed under the mixed-motive framework set forth in Price Waterhouse v. Hopkins, 490 U.S. 228, 276-77 , 109 S.Ct. 1775 , 104 L.Ed.2d 268 (1989) (O’Connor, J., concurring).”
1 later decision quote this exact passage · from the majority“a plaintiff must first establish a prima facie case of discrimination. If the plaintiff succeeds, the defendant must articulate a legitimate, nondiscriminatory reason for the adverse employment action. The burden then shifts back to the plaintiff to prove, by a preponderance of the evidence, that the articulated reason was a mere pretext for discrimination.”
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.