Johnson v. Kay’s Empirical Analysis
860 F.2d 529 · 1988
Citation profile
13 federal appellate · 8 district ·
How this case has been cited
Cited by 64 later decisions — most recently March 2024 · most notably Tom Doherty Associates, Inc. v. Saban Entertainment, Inc. (1995), Rum Creek Coal Sales, Inc. v. Caperton (1991)
13 federal appellate · 8 district ·
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. § 185 (§ 301 of the Labor Management Relations Act of 1947 (Taft-Hartley Act)) · 29 U.S.C. § 411 · 29 U.S.C. § 412
Relies on United Mine Workers of America v. Gibbs · Buckley v. Valeo · United States v. United Mine Workers of America · Southern Pacific Terminal Company v. Interstate Commerce Commission · Honig v. Doe
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 64 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[wjhere ... the grant of the preliminary injunction will give the movant essentially all the relief he seeks, the injunction is often deemed mandatory rather than prohibitory, and a somewhat higher standard is applied, under which the movant must show a substantial likelihood of success on the merits, rather than merely a likelihood of success.”
3 later decisions quote this exact passage · from the majority“These allegations of disruption and intimidation at Delegate Assembly meetings and the seizure of the union headquarters by the Kay faction clearly reflect more than random acts of individuals directed solely at Johnson as President. Specific allegations of coordination and planning are made. Moreover, the nature, intensity and extent of the of the defendants’ scheme, including threats of physical harm directed at Johnson, and the attempts to block her normal channels of communication with other members during the period before the vote on the proposed constitutional amendments, the planned disruption of District Assembly meetings designed to frustrate union members from supporting Johnson, and the seizure of the union building, would strongly tend to chill union members who desired to exercise their rights in a fashion disapproved of by the Kay faction.”
1 later decision quote this exact passage · from the majority“(a) Persons to be Joined if Feasible. A person who is subject to service of process and whose joinder will not deprive the court of jurisdiction over the subject matter of the action shall be joined as a party in the action if (1) in the person's absence complete relief cannot be accorded among those already parties, or (2) the person claims an interest relating to the subject of the action and is so situated that the disposition of the action in the person's absence may (i) as a practical matter impair or impede the persons ability to protect that interest or (ii) leave any of the persons already parties subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations by reason of the claimed interest.”
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.