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← 848 SW2D 190 - Benavides v. Moore

Benavides v. Moore’s Empirical Analysis

1993

Citation profile

65
cited by 65 later decisions
2
states following
September 2015
most recently cited

4 federal appellate · 42 state decisions

How this case has been cited

Cited by 65 later decisions — most recently September 2015 · most notably Medina v. Ramsey Steel Co. (2001), Vielma v. Eureka Co. (2000)

4 federal appellate · 42 state decisions

420199320002010decided

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. § 2000E (§ 701 of the Title VII of the Civil Rights Act of 1964)

Relies on Nixon v. Mr. Property Management Co. · City of Houston v. Clear Creek Basin Authority · Schroeder v. Texas Iron Works, Inc. · Spirides v. Reinhardt · Bushell v. Dean

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 65 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “When Texas case law fails to address questions raised under the [TCHRA], we look to federal case law for guidance.”
    2 later decisions quote this exact passage
  2. “so severe that no reasonable [person] could be expected to endure it.”
    2 later decisions quote this exact passage
  3. “1) the kind of occupation, with reference to whether the work usually is done under the direction of a supervisor; 2) the skill required in the particular occupation; 3) whether the “employer” or the individual in question furnishes the equipment used and the place of work; 4) the length of time during which the individual has worked; 5) the method of payment, whether by time or by the job; 6) the manner in which the work relationship is terminated; i.e, by one or both parties, with or without notice and explanation; 7) whether annual leave is afforded; 8) whether the work is an integral part of the business of the “employer”; 9) whether the worker accumulates retirement benefits; 10) whether the “employer” pays social security taxes; and 11) the intention of the parties.”
    1 later decision quote this exact passage

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.