Andrew Toth v. Usx Corporation’s Empirical Analysis
883 F.2d 1297 · 1989
Citation profile
16 federal appellate ·
How this case has been cited
Cited by 28 later decisions — most recently November 2013 · most notably Rodriguez v. Doral Mortgage Corp. (1995), Murphy v. Morgan (1990)
16 federal appellate ·
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. § 1001 (§ 2 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 141 (§ 1 of the Labor Management Relations Act of 1947 (Taft-Hartley Act)) · 29 U.S.C. § 186 (§ 302 of the Labor Management Relations Act of 1947 (Taft-Hartley Act))
Relies on Conley v. Gibson · Kaiser Steel Corp. v. Mullins · Arroyo v. United States · Ca 79-3491 Turner v. Local Union No International Brotherhood of Teamsters Chauffeurs Warehousemen and Helpers of America · Rankow v. First Chicago Corp.
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Because we are reviewing the district court’s dismissal of the plaintiffs’ complaint, we will take all well-pleaded allegations as true, permitting dismissal only if the plaintiff could not prove any set offacts upon which relief might be granted. As we have noted many times, the complaint merely serves to put the defendant on notice and is to be freely amended or constructively amended as the case develops, as long as amendments do not unfairly surprise or prejudice the defendant. Clearly, if we can see at this early stage in the development of the case that there exists a material issue of fact that would render the case unsuitable for summary judgment later on, we would certainly refuse to permit dismissal. Similarly, just as we would draw inferences in favor of the nonmoving party in reviewing a grant of summary judgment, we give the plaintiffs the benefit of the doubt in reviewing the dismissal of their complaint.””
3 later decisions quote this exact passage · from the majority“[o]ne obvious instance in which continuing payments constitute recompense for past services is when those continuing payments were bargained for and formed part of a collective bargaining agreement.”
3 later decisions quote this exact passage · from the majority“[a]t some point, it is conceivable that a bargain struck by the union and the employer might yet violate section 302 — • if, for example, the terms of the compensation for former employment were clearly so incommensurate with that former employment as not to qualify as payments ‘in compensation for or by reason of that employment, or if the terms vested so much discretion in the employer that the potential for undue influence created a clear 302(a) violation.”
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.