Miller v. Bolger’s Empirical Analysis
802 F.2d 660 · 1986
Citation profile
20 federal appellate · 7 district · 1 state decisions
How this case has been cited
Cited by 43 later decisions — most recently February 2023 · most notably Data Access Systems Securities Litigation Tolins Lowenfels Kahlowsky and Co (1988), Ruehl v. Viacom, Inc. (2007)
20 federal appellate · 7 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 28 U.S.C. § 1292 · 42 U.S.C. § 2000E (§ 701 of the Title VII of the Civil Rights Act of 1964) · 42 U.S.C. § 2000E (§ 717 of the Title VII of the Civil Rights Act of 1964) · 42 U.S.C. § 2000E (§ 703 of the Title VII of the Civil Rights Act of 1964) · 42 U.S.C. § 2000E (§ 704 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) · 5 U.S.C. § 8101 (Attendant Allowance Adjustment Act) · 5 U.S.C. § 8102
Relies on Alexander v. Gardner-Denver Co. · Livingston v. Texas · Katz v. Carte Blanche Corp. · United States v. Demko · Fiorella v. United States
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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Workmen’s compensation laws, in general, specify that the remedy therein provided shall be the exclusive remedy.” The basic theory supporting all workmen’s compensation legislation is that the remedy afforded is a substitute for the employee’s (or dependent’s) former remedy at law for damages against the employer. With the creation of corporate instrumentalities of Government and with the enactment of various statutes authorizing suits against the United States for tort, new problems have arisen. Such statutes as the Suits in Admiralty Act, the Public Vessels Act, the Federal Tort Claims Act and the like, authorize in general terms the bringing of civil actions for damages against the United States. The inadequacy of the benefits under [FECA] has tended to cause Federal employees to seek relief under these general statutes. Similarly, corporate instrumentalities created by the Congress among their powers are authorized to sue and be sued, and this, in turn, has resulted in filing of suits by employees against such instrumentalities based upon accidents in employments. This situation has been of considerable concern to all Government agencies and especially to the corporate instru-mentalities. Since the proposed remedy would afford employees and their dependents a planned and substantial protection, to permit other remedies by civil action or suits would not only be unnecessary, but would in general be uneconomical, from the standpoint of both the beneficiaries involved and t”
1 later decision quote this exact passage · from the majority“[If the Court] were to agree with the Postmaster General’s theory that FECA recovery constitutes an election by the employee and divests the federal court of subject matter jurisdiction in Title VII cases, there would be no vehicle by which a federal employee could secure an order directing reinstatement, if warranted. Such a result would defeat the important public purpose expressed in Title VII of eliminating discrimination. Given the dissimilarity of relief available under FECA and Title VII, it is evident that exclusivity would leave [a plaintiff] without full compensation for [her] Title VII injuries.”
1 later decision quote this exact passage · from the majority“We reject the Postmaster General’s argument that allowing Miller to pursue Title VII remedies will usurp the Secretary of Labor’s power under 5 U.S.C. § 8128 (b) to make final and unreviewable determinations of FECA benefits. Quite simply, this court is in no way impinging on the Secretary’s authority. The Secretary has determined that Miller should receive FECA benefits and has determined the amount. Those determinations are not at issue here. They cannot affect the federal courts’ jurisdiction, granted by Congress under Title VII, to consider Miller’s claim for additional and different relief.”
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.