Lander v. Lujan’s Empirical Analysis
888 F.2d 153 · 1989
Citation profile
11 federal appellate · 13 district · 5 state decisions
How this case has been cited
Cited by 49 later decisions (2 by the Supreme Court) — most recently April 2020 · most notably Barbour v. Merrill (1995), Wilson v. Peña (1996)
11 federal appellate · 13 district · 5 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
Applies 29 U.S.C. § 160 (§ 10 of the National Labor Relations Act) · 42 U.S.C. § 2000E (§ 704 of the Title VII of the Civil Rights Act of 1964) · 42 U.S.C. § 2000E (§ 706 of the Title VII of the Civil Rights Act of 1964) · 5 U.S.C. § 3395
Relies on Anderson v. City of Bessemer City · Albemarle Paper Co. v. Moody · Franks v. Bowman Transportation Co. · Mastro Plastics Corp. v. National Labor Relations Board · Oliphant v. Suquamish Indian Tribe
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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[i]n particular, the courts must make the victim `whole' by `plac[ing him], as near as may be, in the situation he would have occupied if the wrong had not been committed,'”
3 later decisions quote this exact passage · from the majority“[W]e see no indication in the statute nor in logic to lead us to conclude that ordinarily the innocent beneficiary has a superior equitable claim to the job vis-a-vis the victim of discrimination. Therefore, if the district court must choose between the two, we do not see how the court can be reversed for choosing complete relief for the victim. In any event, the [rightful place] approach seems more suited to a situation where vacancies in the relevant jobs appear rather frequently, but not to a case such as ours where there is really one top administrative job in the Bureau. [ Id. at 157-58 .]”
2 later decisions quote this exact passage · from the majority“If the court finds that the [defendant] has intentionally engaged in ... an unlawful employment practice charged in the complaint, the court may enjoin the [defendant] from engaging in such unlawful employment practice, and order such affirmative action as may be appropriate, which may include, but is not limited to, reinstatement or hiring of employees, with or without back pay ... or any other equitable relief as the court deems appropriate.”
2 later decisions quote this exact passage · from the concurrence
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.