Public-domain · open source
OpenJurist
← 791 FSUPP 470 - Thomas v. Frank

Thomas v. Frank’s Empirical Analysis

1992

Citation profile

12
cited by 12 later decisions
August 2001
most recently cited

6 district ·

Relationships

Applies 42 U.S.C. § 1981 (Civil Rights Act of 1866) · 42 U.S.C. § 2000E (§ 701 of the Title VII of the Civil Rights Act of 1964) · 42 U.S.C. § 2000E (§ 706 of the Title VII of the Civil Rights Act of 1964)

Relies on Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. · Foman v. Davis · Bradley v. School Board of City of Richmond · Bowen v. Georgetown University Hospital · Wards Cove Packing Co. v. Atonio

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

  1. “Here no increased burden was imposed since ... [the statute providing for attorneys’ fees] did not alter the Board’s constitutional responsibility for providing pupils with a nondiscriminatory education. Also, there was no change in the substantive obligation of the parties. From the outset, upon the filing of the original complaint in 1961, the Board engaged in a conscious course of conduct with the knowledge that, under different theories, discussed by the District Court and the Court of Appeals, the Board could have been required to pay attorneys’ fees.”
    1 later decision quote this exact passage · from the majority
  2. “The Third Circuit has made clear ... that “when application of the new law would affect rights or obligations existing prior to the change in law,” the rule of nonretroac-tivity applies. In the instant case, plaintiffs claim pursuant to 42 U.S.C. § 1981 addresses conduct that the section did not proscribe at the time the conduct occurred. Thus, the rights and obligations in this case were predicted on the pre-amendment statute. Therefore, ... this court ... find[s] against retroactive application.”
    1 later decision quote this exact passage · from the majority
  3. “Retroactive application of the compensatory damages provision of the 1991 Act does not create a new cause of action. It does, however, create a new source of liability under which the Defendant may be responsible for substantial monetary damages. As such, it is substantive rather than procedural in nature. See Khadnelwal ¶. Compuadd Corp., [ 780 F.Supp. 1077 ] at 1080 n. 5 [(E.D.Va.1992) ].”
    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.