Brock v. Shirk’s Empirical Analysis
833 F.2d 1326 · 1987
Citation profile
10 federal appellate · 2 district · 1 state decisions
How this case has been cited
Cited by 29 later decisions (1 by the Supreme Court) — most recently May 2019 · most notably McLaughlin v. Richland Shoe Co. (1988), Dybach v. State of Florida Department of Corrections (1991)
10 federal appellate · 2 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. § 207 · 29 U.S.C. § 216 · 29 U.S.C. § 251 (Employee Commuting Flexibility Act of 1996) · 29 U.S.C. § 255 · 29 U.S.C. § 260
Relies on Vandygriff v. Phillips · Hannahville Indian Community v. United States · United States v. McConney · Reading Co. v. Schweitzer · Darden v. Wainwright
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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“if, and only if, the employer shows that he acted in good faith and that he had reasonable grounds for believing that he was not violating the Act____ [Bjefore the district court’s discretion may be invoked, the employer has the plain and substantial burden of persuading the court by proof that his failure to obey the statute was both in good faith and predicated upon such reasonable grounds that it would be unfair to impose upon him more than a compensatory verdict.”
1 later decision quote this exact passage · from the majority“[I]f the employer shows to the satisfaction of the court that the act or omission giving rise to such action was in good faith and that he had reasonable grounds for believing that his act or omission was not a violation of the Fair Labor Standards Act ... the court may, in its sound discretion, award no liquidated damages or award any amount thereof not to exceed the amount specified in section-216 of this title.”
1 later decision quote this exact passage · from the majority“[Alt]hough the district court has discretion to deny injunctive relief in appropriate cases, this discretion is limited by consideration of the importance of prospective relief as a means of ensuring compliance with the provisions of the FLSA.”
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.