Burch v. Fluor Corp.’s Empirical Analysis
1994
Citation profile
2 federal appellate · 1 district · 1 state decisions
Relationships
Applies 29 U.S.C. § 621 (§ 2 of the Age Discrimination in Employment Act of 1967) · 29 U.S.C. § 626 (§ 7 of the Age Discrimination in Employment Act of 1967)
Relies on Anderson v. Liberty Lobby, Inc. · Celotex Corporation v. Catrett H · Blodgett v. Blodgett · Get Away Club, Inc. v. Coleman · St. Paul Fire and Marine Insurance Company v. Federal Deposit Insurance Corporation, as Receiver of the State Bank of Greenwald, Minnesota v. Douglas A. Winter Bernadine Winter Robert J. Osendorf
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) An individual may not waive any right or claim under this chapter unless the waiver is knowing and voluntary. Except a provided in paragraph (2), a waiver may not be considered knowing and voluntary unless at a minimum (A) the waiver is part of an agreement between the individual and the employer that is written in a manner calculated to be understood by such individual, or by the average individual eligible to participate; ... (E) the individual is advised in writing to consult with an attorney prior to executing the agreement; ... (H) if a waiver is requested in connection with an exit incentive or other employment termination program offered to a group or class of employees, the employer (at the commencement of the period specified in subparagraph (F)) informs the individual in writing in a manner calculated to be understood by the average individual eligible to participate, as to (i) any class, unit, or group of individuals covered by such program, any eligibility factors for such program, and any time limits applicable to such program; and (ii) the job titles and ages of all individuals eligible or selected for the program, and the ages of all individuals in the same job classification or organizational unit who are not eligible or selected for the program.”
4 later decisions quote this exact passage · from the majority“Because Defendants did not inform Plaintiffs in writing of any eligibility factors for the termination program, any time limits applicable to such program, the job titles and ages of all individuals eligible or selected for the program, and the ages of all individuals in the same job classification or organizational unit who are not eligible or selected for the program, Plaintiffs' waiver was not knowing and voluntary for the purposes of the ADEA.”
2 later decisions quote this exact passage · from the majority“Because Plaintiffs executed the Release in connection with an employment termination program, the Release is subject to the requirements of 29 U.S.C. § 626 (f)(1)(H).”
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.