Germanowski v. Harris’s Empirical Analysis
854 F.3d 68 · 2017
Citation profile
4 federal appellate · 18 district ·
Relationships
Applies 29 U.S.C. § 2612 (§ 102 of the Family and Medical Leave Act of 1993) · 29 U.S.C. § 2614 (§ 104 of the Family and Medical Leave Act of 1993) · 29 U.S.C. § 2615 (§ 105 of the Family and Medical Leave Act of 1993)
Relies on Ashcroft v. Iqbal · United States v. Zannino · Ocasio-Hernández v. Fortuño-Burset · Calero-Cerezo v. United States Department of Justice · Schatz v. Republican State Leadership Committee
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“we ask whether the well-pleaded factual allegations, viewed in the light most favorable to the plaintiff, . . . 'plausibly narrate a claim for relief.'”
4 later decisions quote this exact passage · from the majority“allegations relate[d] a history of an emotionally fraught and longstanding dispute between the employer and the employee, an expressed fear by the employer that the employee may have brought a gun to work, and a subsequent lock-out of the employee, all in a context that caused even Germanowski to suspect imminent termination, and all before she sent her email saying she would be out sick. To think that an employer in such a case fired Germanowski because she asked for some time off while she was already locked out is to suggest that common sense borne of real world experience has no role to play in the plausibility analysis. We think otherwise.”
2 later decisions quote this exact passage · from the majority“Engaging in this plausibility inquiry is 'a context-specific task that requires the reviewing court to draw on its judicial experience and common sense.'”
2 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.