Cumpston v. Dyncorp Technical Services, Inc.’s Empirical Analysis

Citation profile

2 district ·

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

1. “It is difficult to say in the abstract whether [the defendant’s] standards were intended to be read in conjunction with the [collective-bargaining agreement], but we need not resolve that question to decide the preemption issue in this case. Even if there is no general intrinsic connection between the [collective-bargaining agreement] and the standards, consideration of the [collective-bargaining agreement] would still be necessary to assess the merit of plaintiffs allegations regarding breach of the implied contract for two particularized and interrelated reasons. Because the prohibition on “harassment” set out in the standards is devoid of descriptive content, and the actions plaintiff complains of are not on their face so inherently or plainly wrongful as to make application of such a label ineluctable, there would be no way of telling whether the standards were violated here without consulting the [collective-bargaining agreement] to assess the opposing rights and privileges of the parties. Thus, the [collective-bargaining agreement] would be indispensable to a proper resolution of the implied-contract claim, which is, therefore, preempted under the LMRA.”

   2 later decisions quote this exact passage · from the majority
   e.g. Benavidez v. Sandia National Laboratories · 749 F. Supp. 2d 1216 - Carroll v. City of Albuquerque

2. “conduct that interferes with work related responsibility and legal requirements for the protection of all employees”

   1 later decision quote this exact passage · from the majority
   e.g. Elliott v. Tulsa Cement, LLC