Parker’s Empirical Analysis
Citation profile
11 federal appellate · 6 district · 10 state decisions
How this case has been cited
Cited by 105 later decisions — most recently June 2022 · most notably Harris v. Champion (1994), United States v. O'Keefe (1997)
11 federal appellate · 6 district · 10 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
Relies on United Steelworkers v. Warrior & Gulf Navigation Co. · United Steelworkers of America v. Enterprise Wheel and Car Corp · Vaca v. Sipes · Bonner v. City of Prichard · DelCostello v. International Brotherhood of Teamsters
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 105 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Adjudication of the claims would require a court to pass on the legality under the NLRA of precisely the same conduct that is presently before the NLRB, and would risk frustration of national labor policy through inconsistent state-law judgments—precisely the evils that Garmon preemption seeks to avoid. “In a case where, as here, the substance of the dispute is the same under both state and federal law, the state law must yield to the jurisdiction of the NLRB.””
1 later decision quote this exact passage“the primary jurisdiction rationale has the greatest validity when a party has sought redress for his claims from the NRLB and in the face of an adverse decision the claims are restructured as state law claims and pursued in state court.... By initially pursuing relief with the NLRB the employees have implicitly recognized the Board's jurisdiction over their claims.”
1 later decision quote this exact passage““Failure of an employer to bargain in good faith about terms and conditions of employment is not peripheral to the concerns of federal labor law; rather, it strikes at the heart of one of the basic concerns of that law. Unless the fraud claims bring this case within an exception, the Garmon preemption doctrine applies.””
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.