Shlay v. Montgomery’s Empirical Analysis
802 F.2d 918 · 1986
Citation profile
51 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 113 later decisions — most recently February 2015 · most notably Heller Financial, Inc. v. Midwhey Powder Co. (1989), Wolf v. City of Fitchburg (1989)
51 federal appellate · 1 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 29 U.S.C. § 1140 (§ 510 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 301
Relies on Board of Regents of State Colleges v. Roth · United Mine Workers of America v. Gibbs · Perry v. Sindermann · Paul v. Davis · Bishop v. Wood
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 113 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[I]n the employment context ... a property interest can be created in one of two ways: (1) “by an independent source such as state law securing certain benefits;” or (2) by “a clearly implied promise of continued employment.””
3 later decisions quote this exact passage · from the majority“[Plaintiffs] contention that he had de facto tenure because his salary and pension benefits had increased during his employment and because he had accrued vacation time is also meritless- [T]he mere fact that the City increased compensation and benefits for its employees over the years does not give rise to a mutual understanding with respect to continued employment. We agree with the district court that simply because the City promised an employee increased remuneration if he was retained in his position qannot be translated into a promise that the employee would be retained.”
2 later decisions quote this exact passage · from the majority“'outcome determinative under the governing law.'”
2 later decisions 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.