Be Construction Co v. United Brotherhood of Carpenters and Joiners of America’s Empirical Analysis
90 F.3d 1318 · 1996
Citation profile
24 federal appellate · 4 district · 1 state decisions
How this case has been cited
Cited by 46 later decisions — most recently February 2019 · most notably Cross v. Cleaver (1998), Ogden v. Wax Works, Inc. (2000)
24 federal appellate · 4 district · 1 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 United Mine Workers of America v. Gibbs · San Diego Building Trades Council v. Garmon · BMW of North America, Inc. v. Gore · General Building Contractors Assn., Inc. v. Pennsylvania · Amalgamated Association of Street Electric Railway and Motor Coach Employees of America v. P Lockridge
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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“a litigant who fails to move for judgment as a matter of law at the close of the evidence cannot later argue--either in a post-trial Rule 50 motion or on appeal--that the verdict was supported by insufficient evidence.”
3 later decisions quote this exact passage · from the majority“its agency theory, BE & K relie[d] on evidence describing the Carpenters' publicity campaign against BE & K. That evidence showed that the publicity campaign was directed by the Special Programs Department of the Carpenters, which is based in Washington but has field representatives across the country. A written manual described how representatives should conduct campaign activities and included a section on soliciting the assistance of Paperworkers representatives in locations where BE & K was working or bidding. The evidence also indicated that the two unions formed a national solidarity committee consisting of five or six representatives of each union and that that committee determined that the publicity campaign against BE & K was a top priority issue. In addition, the two unions jointly published various handbills and leaflets related to the BE & K campaign.”
1 later decision quote this exact passage · from the majority“Even when all possible inferences from this evidence are drawn in favor of BE & K, it is insufficient to show that the Paperworker representatives at the Potlatch meeting were acting as agents of the Carpenters. The sort of cooperation in the spirit of labor solidarity undertaken in the campaign does not transform one union into the agent of another.”
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.