Charles GUNBY, Jr., Appellant in 86-3707, v. PENNSYLVANIA ELECTRIC COMPANY, Appellant in 86-3723’s Empirical Analysis
840 F.2d 1108 · 1988
Citation profile
26 federal appellate · 14 district · 3 state decisions
How this case has been cited
Cited by 76 later decisions — most recently May 2019 · most notably Healy v. New York Life Insurance (1988), Durham Life Insurance v. Evans (1999)
26 federal appellate · 14 district · 3 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 42 U.S.C. § 1981 (Civil Rights Act of 1866)
Relies on McDonnell Douglas Corp. v. Green · Texas Department of Community Affairs v. Burdine · Albemarle Paper Co. v. Moody · Carey v. Piphus · United States Postal Service Board of Governors v. Aikens
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 76 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“actual injury.” Gunby is inapplicable here. In Gunby, the plaintiff did not present evidence that he suffered any emotional distress as a result of the loss of the sought-after job. Thus, we set aside the jury's award of compensatory damages for emotional distress, holding that emotional distress cannot be presumed and that speculative damages are not to be awarded. 7 . Notably, plaintiffs did object after the jury charge to the District Court's special verdict questions charging that the jury find”
2 later decisions quote this exact passage · from the majority“' "The appropriate standard for the measurement of a back pay award is to take the difference between the actual wages earned and the wages the individual would have earned in the position that, but for the [employer's wrongful conduct], the individual would have [held].”
2 later decisions quote this exact passage · from the majority“direct and substantial evidence of humiliation or emotional injury.”
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.