Simmons v. Traughber’s Empirical Analysis

Citation profile

4 state decisions

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

1. “In finding that Plaintiff was guilty of misconduct, the Appeals Tribunal focused on absenteeism and tardiness.... The key element appears to be the tardiness, along with the excessive absenteeism.... Unexeused and unjustified absenteeism can be a basis for a finding of misconduct. The record, however, shows that most of Plaintiffs absences were for illnesses and job-related injuries. An employee can be fired for excessive absenteeism due to illness and injuries. Absences due to illness and job injuries, however, do not constitute misconduct under the Employment Security Law. Other than illness and injury related absences, Plaintiff missed work on the days she was suspended, and she took time off with permission in August for personal reasons. The only day plaintiff was absent without cause was when she overslept on August 25.”

   1 later decision quote this exact passage
   e.g. Simmons v. Culpepper

2. “A competent attorney, through efficient cross-examination and introduction of medical records, may have been able to show that Plaintiff was absent so frequently because of injuries and poor health. ... The proof that Plaintiff was tardy on the 19th and 22nd, however, was hearsay. A witness for the employer testified that a guard told him that Plaintiff had arrived at work late those days. The guard was not present and did not testify at the hearing. A competent attorney would have objected to this hearsay testimony.”

   1 later decision quote this exact passage
   e.g. Simmons v. Culpepper