Cuddy v. Carmen’s Empirical Analysis
762 F.2d 119 · 1985
Citation profile
40 federal appellate · 23 district ·
How this case has been cited
Cited by 79 later decisions — most recently October 2019 · most notably Paul Forman, v. Lawrence M. Small, Secretary, Smithsonian Institution, (2001), Bishopp v. District of Columbia (1986)
40 federal appellate · 23 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 29 U.S.C. § 621 (§ 2 of the Age Discrimination in Employment Act of 1967)
Relies on McDonnell Douglas Corp. v. Green · Texas Department of Community Affairs v. Burdine · Anderson v. City of Bessemer City · United States v. United States Gypsum Co. · United States Postal Service Board of Governors v. Aikens
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 79 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A factual finding is clearly erroneous if it is 'without substantial evidentiary support or if it was induced by an erroneous application of the law.'”
3 later decisions quote this exact passage · from the majority“A trial court’s findings of fact are enti-tied to a presumption that they are correct, and we will displace them only if (1) the findings are “without substantial evidentiary support or ... induced by an erroneous application of the law”; or if (2) “on the entire evidence [we are] left with the definite and firm conviction that a mistake has been committed.””
2 later decisions quote this exact passage · from the majority“First, the Plaintiff has the burden of proving by the preponderance of the evidence a prima facie case of discrimination. Second, if the Plaintiff succeeds in proving the prima facie case, the burden shifts to the defendant “to articulate some legitimate, nondiscriminatory reason for the employee's rejection.” Third, should the defendant carry this burden, the Plaintiff must then have an opportunity to prove by a preponderance of the evidence that the legitimate reasons offered by the defendant were not its true reasons, but were a pretext for discrimination.”
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.