DeCintio v. Westchester County Medical Center’s Empirical Analysis
821 F.2d 111 · 1987
Citation profile
56 federal appellate · 26 district · 4 state decisions
How this case has been cited
Cited by 271 later decisions — most recently January 2019 · most notably Terry v. Ashcroft (2003), Richardson v. New York State Department of Correctional Service (1999)
56 federal appellate · 26 district · 4 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. § 215 · 42 U.S.C. § 1981 (Civil Rights Act of 1866) · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 2000E (§ 701 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)
Relies on Anderson v. Liberty Lobby, Inc. · McDonnell Douglas Corp. v. Green · Migra v. Warren City School District Board of Education · Kremer v. Chemical Construction Corp. · United States v. Utah Construction & Mining Co.
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 271 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Proof of causal connection can be established indirectly by showing that the protected activity was followed closely by discriminatory treatment, or through other evidence such as disparate treatment of fellow employees who engaged in similar conduct, or directly through evidence of retaliatory animus directed against a plaintiff by the defendant.”
9 later decisions quote this exact passage · from the majority“1) protected participation or opposition under Title VII known by the alleged retaliator; 7 2) an employment action or actions disadvantaging persons engaged in protected activities; 3) a causal connection between the first two elements that is a retaliatory motive playing a part in the adverse employment actions.”
5 later decisions quote this exact passage · from the majority“"This court has ruled, however, that Rule 56(e) defects are waived where ... no motion to strike is directed to them below. In Re Teltronics Services, Inc., 762 F.2d 185, 192 (2d Cir.1985). As best we have been able to ascertain, the courts that have considered the question are in unanimous accord. See, e.g., Davis v. Sears, Roebuck and Co., 708 F.2d 862, 864 (1st Cir.1983); Scharf v. United States Attorney General, 597 F.2d 1240, 1243 (9th Cir.1979); Williams v. Evangelical Retirement Homes, 594 F.2d 701, 703-04 (8th Cir. 1979); Associated Press v. Cook, 513 F.2d 1300, 1303 (10th Cir.1975); Klingman v. National Indemnity Co., 317 F.2d 850, 854 (7th Cir.1963). See also 6 J. Moore & J. Wicker, Federal Practice ¶ 56.22[1], at 56-1330 (1986); 10A C. Wright, A. Miller & M. Kane, Federal Practice and Procedure § 2738, at 507-09 (1983)."”
3 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.