Evans v. Pugh’s Empirical Analysis

Citation profile

6 federal appellate ·

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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “the nonmoving party must be given the benefit of all favorable factual inferences.”

   2 later decisions quote this exact passage
   e.g. Linda Brousard-Norcross v. The Augustana College Association · Brousard-Norcross v. Augustana College Ass'n

2. “be permitted to stay on past age seventy if sufficient authorization is received. It then goes on to provide that authorization applies for only one year at a time, and further that the decision of whether authorization should be granted should be based on performance and not on age. It does not, as Evans argues, provide that whenever a public employee who reaches seventy is still able to perform his employment tasks he must be retained. 16 The interpretation advanced by Evans would effectively nullify the section entitled”

   1 later decision quote this exact passage
   e.g. Evans v. Pugh

3. “be based on the individual's ability and not on age. 15 We are not persuaded. As the district court correctly held, Sec. 21-3-204 only grants public employers the discretion to retain employees after the age of seventy; it does not require public employers to retain employees over seventy who show an ability to adequately perform their job duties. The statute quite plainly uses permissive rather than mandatory language. It provides that public employees”

   1 later decision quote this exact passage
   e.g. Evans v. Pugh