Kirkland v. Cablevision Systems’s Empirical Analysis
760 F.3d 223 · 2014
Citation profile
4 district ·
Relationships
Relies on Anderson v. Liberty Lobby, Inc. · McDonnell Douglas Corp. v. Green · 133 S. Ct. 2517 - University of Tex. Southwestern Medical Center v. Nassar · Terry v. Ashcroft · Burgos v. Hopkins
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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“draw all rational inferences in the non-movant's favor,”
5 later decisions quote this exact passage · from the majority“First, the plaintiff must establish a prima facie case of retaliation by showing: (1) participation in a protected activity; (2) that the defendant knew of the protected activity; (3) an adverse employment action; and (4) a causal connection between the protected activity and the adverse employment action. The plaintiffs burden in this regard is de minim-is, and the court’s role in evaluating a summary judgment request is to determine only whether proffered admissible evidence would be sufficient to permit a rational finder of fact to infer a retaliatory motive. If the plaintiff sustains this initial burden, a presumption of retaliation arises. The defendant must then articulate a legitimate, non-retaliatory reason for the adverse employment action.”
1 later decision quote this exact passage · from the majority“'the burden shifts to the employer to give a legitimate reason for its actions,' and, 'if the employer does so, the burden then shifts back to the plaintiff to show that the employer's explanation is a pretext for retaliation.'”
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.