44 Fair empl.prac.cas. 628, 44 Empl. Prac. Dec. P 37,319 Linda Lorie Spanier, Cross-Appellee v. Morrison's Management Services, Inc., a Corporation Morrison, Inc., a Corporation, Cross-Appellants’s Empirical Analysis
822 F.2d 975 · 1987
Citation profile
18 federal appellate · 1 state decisions
How this case has been cited
Cited by 27 later decisions — most recently January 2008 · most notably Joe E. Cooper, Plaintiff-Appellee/cross-Appellant v. Asplundh Tree Expert Company, Defendant-Appellant/cross-Appellee (1988), Charles A. Castle v. Sangamo Weston, Inc., a Corporation, Chris Papastrat, Shelby Bass v. Sangamo Weston, Inc., a Corporation (1988)
18 federal appellate · 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. § 621 (§ 2 of the Age Discrimination in Employment Act of 1967) · 29 U.S.C. § 626 (§ 7 of the Age Discrimination in Employment Act of 1967) · 42 U.S.C. § 2000E (§ 701 of the Title VII of the Civil Rights Act of 1964)
Relies on McDonnell Douglas Corp. v. Green · Mt. Healthy City School District Board of Education v. Doyle · Vandygriff v. Phillips · Hannahville Indian Community v. United States · Trans World Airlines, Inc. v. Thurston
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In studying the ADEA and cases brought under it, I have concluded that where a defendant loses a typical [disparate treatment] case, the employer has necessarily been found guilty of a willful violation of the ADEA, and liquidated damages are required. Disparate impact cases such as Thurston are the only conceivable exception.”
2 later decisions quote this exact passage · from the concurrence“) (rejecting a Third Circuit case requiring”
2 later decisions quote this exact passage · from the majority“In order to find liquidated damages you must find first that the illegal discrimination against the plaintiff was a willful discrimination. By willful discrimination the defendant must have shown [sic] its conduct was prohibited by the Age Discrimination Act or showed a wreckless [sic] disregard for whether or not the lay off was prohibited under the Age Discrimination Act. A violations [sic] of the Age Discrimination Act is not willful if the defendant simply knew the potential applicability of the Act. If you find that the program used for laying off individuals at Westinghouse was adopted by Westinghouse in sincere believe [sic] and as a result of a responsible research and inquiry that that policy was not prohibited by the age discrimination statute then the willful implimentation [sic] of such a program, though violative of the Act, is not wil-full [sic] conduct justifying an award of liquidated damages.”
1 later decision quote this exact passage · from the concurrence
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.