Pickering v. Commonwealth’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Even if we were to charge OES personnel with immediate constructive knowledge of the December 1,1981, Board decision, which we do not, we could not reasonably hold that the misinformed interpretation of the law offered months prior to the Board’s decision constituted willful or negligent conduct equivalent to fraudulent deprivation of the Claimant’s appeal rights. The record in the case at bar shows only administrative misinterpretation of the law and misapplication of its provisions to Claimant’s circumstances. This was legal error, not fraud, and it is just such errors which the administrative appeal process was designed to remedy. (Emphasis the Court’s.)”

   1 later decision quote this exact passage
   e.g. Phares v. Commonwealth, Unemployment Compensation Board of Review

2. “It is well settled that the appeal process will be extended only where it can be shown that the compensation authorities have engaged in fraudulent conduct or its equivalent, i.e. , wrongful or negligent conduct.”

   1 later decision quote this exact passage
   e.g. DiBello v. Unemployment Comp. Bd. of Review