Johnson v. Delchamps, Inc.’s Empirical Analysis
897 F.2d 808 · 1990
Citation profile
5 federal appellate · 10 state decisions
How this case has been cited
Cited by 19 later decisions — most recently March 2016
5 federal appellate · 10 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
Relies on 526 So. 2d 1101 - Brannan v. Wyeth Laboratories, Inc. · 418 So. 2d 553 - Lambert v. Maryland Cas. Co. · Pechon v. National Corporation Service · Gil v. Metal Service Corp. · 414 So. 2d 379 - Barrios v. Rheem Manufacturing Co.
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Before analyzing the merits of Johnson's claims we must determine the nature of her cause of action. Although Johnson maintains on appeal that negligent administration of the polygraph examination was an independent tort, a parsing of her complaint and deposition testimony clearly demonstrates that she complains of the discharge itself, albeit based upon the test results. Thus, assuming for purposes of the summary judgment proceeding that the polygraph examination was negligently administered, our inquiry focuses on whether Delchamps is liable to Johnson for its decision to terminate her employment. [1] Louisiana's doctrine of employment-at-will is embodied in Article 2747 of the Louisiana Civil Code which provides: A man is at liberty to dismiss a hired servant attached to his person or family, without assigning any reason for so doing. The servant is also free to depart without assigning any cause. Under this doctrine, both employers and employees are free to end the employment relationship at any time, and for any reason, without liability, provided that the termination violates no statutory or constitutional provision and, obviously, that there is no contract of employment for a definite term. Brannan v. Wyeth Laboratories, Inc., 526 So.2d 1101, 1103-04 (La.1988); Pechon v. National Corp. Service, Inc., 234 La. 397 , 100 So.2d 213 (1958). [2] While urging several "public policy" arguments, Johnson makes no claim that a constitutional or statutory provision prohibits Delch”
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.