Moore v. Devine’s Empirical Analysis
767 F.2d 1541 · 1985
Citation profile
12 federal appellate · 2 district · 1 state decisions
How this case has been cited
Cited by 33 later decisions — most recently February 2018 · most notably Nealon v. Stone (1992), Smith v. Massachusetts Institute of Technology (1989)
12 federal appellate · 2 district · 1 state decisions
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 42 U.S.C. § 2000E (§ 701 of the Title VII of the Civil Rights Act of 1964) · 42 U.S.C. § 2000E (§ 705 of the Title VII of the Civil Rights Act of 1964)
Relies on McDonnell Douglas Corp. v. Green · Texas Department of Community Affairs v. Burdine · Alexander v. Gardner-Denver Co. · United States Postal Service Board of Governors v. Aikens · Chandler v. Roudebush
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.
““If, as the Blizard [v. Fielding, 572 F.2d 13 (1st Cir.1978),] court points out, a court is not obliged to refer to EEOC findings in its opinion, it certainly is not required to address EEOC findings. This reasoning is consistent with Smith v. Universal Services, Inc., 454 F.2d 154 (5th Cir.1972) in which the court stated: “ ‘It is not to be denied that under Title VII, the action of the EEOC is not agency action of a quasi-judicial nature which determines the rights of the parties subject only to the possibility that the reviewing courts might conclude that the EEOC’s actions are arbitrary, capricious or an abuse of discretion. Instead, the civil litigation at the district court level clearly takes on the character of a trial de novo, completely separate from the actions of the EEOC. It is thus clear that the report is in no sense binding on the district court and is to be given no more weight than any other testimony given at trial.’ . “Id. at 157 (emphasis added) (citations omitted). The Fifth Circuit recently cited Smith when it concluded that ‘EEOC determinations and findings of fact, although not binding on the trier of fact, are admissible as evidence in civil proceedings as probative of a claim of employment discrimination.... ’ McClure v. Mexia Independent School District, 750 F.2d 396, 400 (5th Cir.1985).””
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.