Sherman v. Burke Contracting, Inc.’s Empirical Analysis
891 F.2d 1527 · 1990
Citation profile
60 federal appellate · 14 district · 2 state decisions
How this case has been cited
Cited by 108 later decisions (1 by the Supreme Court) — most recently February 2016 · most notably CBOCS West, Inc. v. Humphries (2008), Robinson v. City of Pittsburgh (1997)
60 federal appellate · 14 district · 2 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) · 29 U.S.C. § 216 · 42 U.S.C. § 1981 (Civil Rights Act of 1866) · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1985 · 42 U.S.C. § 2000E (§ 703 of the Title VII of the Civil Rights Act of 1964) · 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)
Relies on Consolidated Edison Co of New York v. National Labor Relations Board · Bonner v. City of Prichard · Cort v. Ash · Alexander v. Gardner-Denver Co. · Johnson v. Railway Express Agency, Inc.
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 108 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he Court in Patterson explained that “[t]he right to enforce contracts does not ... extend beyond conduct by an employer which impairs an employee’s ability to enforce through legal process his or her established contract rights.” [491] U.S. at-, [ 105 L.Ed.2d at 151 ,] 109 S.Ct. at 2373. Thus, an employer’s retaliatory conduct falls under section 1981 only when the employer aims to prevent or discourage an employee from using legal process to enforce a specific contract right. Section 1981 does not apply when an employer retaliates against an employee who has brought a suit alleging post-contractual discrimination that is unrelated to specific contract rights. In the case before us, [plaintiff] alleges that [defendant] retaliated against him for filing an EEOC complaint. [Plaintiff’s] EEOC complaint, however, did not relate to any right created by his employment contract....”
4 later decisions quote this exact passage · from the majority“Willie Lewis Sherman, the prevailing party in the above-captioned case, asks the Court to “clarify” the judgment entered in this case on February 29, 1988, following a two-day jury trial. The jury’s findings of fact [i.e., its answer to question three], of course, related solely to plaintiff’s causes of action [against Burke] under 42 U.S.C. § 1981 . In view of the need to demonstrate a proper regard for the vital and necessary function of the jury in our judicial system, I am prepared to accept and adopt as my own these findings with respect to Sherman’s Title VII claim [under section 2000e-3(a)] as well and to award him no further relief than that provided for under the verdict. Judgment is hereby entered accordingly [in the sum of $22,500].”
1 later decision quote this exact passage · from the majority“Unlike section 1981, which allows for punitive as well as compensatory damages, see Johnson v. Railway Express Agency, 421 U.S. 454, 460 , 95 S.Ct. 1716, 1720 , 44 L.Ed.2d 295 (1975), Title VII limits a plaintiff to “equitable monetary relief” such as lost wages and work benefits, see Walker v. Ford Motor Co., 684 F.2d 1355 , 1364 & n. 16 (11th Cir.1982). We therefore hold that Sherman is not entitled to punitive damages for his Title VII retaliation claim and, accordingly, vacate the $12,500 award of punitive damages entered against Burke. * * sfc * # * ... we affirm the award of $10,000 in compensatory damages under 42 U.S.C. § 2000e-3(a) (1982) but vacate the award of $12,500 in punitive damages under section 2000e-3(a).”
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.