Schulenberg v. BNSF Ry. Co.’s Empirical Analysis
911 F.3d 1276 · 2018
Citation profile
1 federal appellate ·
Relationships
Applies 28 U.S.C. § 1291 · 45 U.S.C. § 51 (Federal Employers' Liability Act)
Relies on Celotex Corporation v. Catrett H · Daubert v. Merrell Dow Pharmaceuticals, Inc. · Kumho Tire Company, Ltd., et al. v. Patrick Carmichael, Etc., et al. · General Electric Co. v. Joiner · Rogers v. Missouri Pacific Railroad
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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“not 'unequivocally abrogate[ ]' " that circuit's Johnston line of cases holding that a public employee's sworn testimony is per se a matter of public concern). In light of that, and because Lane did not expressly consider the possibility of a per se rule, we go ahead and address the Third and Fifth Circuits' per se rule, even though we have already concluded that the Supreme Court's cases, Connick and Lane , are dispositive here. 5 While usually "we will not consider issues raised for the first time on appeal,”
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.