Stott’s Empirical Analysis

Citation profile

12 federal appellate · 11 district · 9 state decisions

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

1. ““A threshold inquiry ... involves examining whether the position at issue, no matter how policy-influencing or confidential it may be, relates to partisan political interests ... [or] concerns. That is, does the position involve government decision making on issues where there is room for political disagreement on goals or their implementation? Otherwise, stated, do party goals or programs affect the direction, pace, or quality of governance? If this first inquiry is satisfied, the next step is to examine the particular responsibilities of the position to determine whether it resembles a policy maker, a privy to confidential information, a communicator, or some other office holder whose function is such that party affiliation is an equally appropriate requirement____ The relevant inquiry is to the function of the public office in question and not the actual duties of the particular employee involved.””

   6 later decisions quote this exact passage · from the majority
   e.g. Rouse v. Nielson · 188 W. Va. 698 - Akers v. West Virginia Department of Highways

2. “(1) the class is so numerous that joinder of all members is impracticable; (2) there are questions of law or fact common to the class; (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class; and (4) the representative party will fairly and adequately protect the interests of the class.”

   5 later decisions quote this exact passage · from the majority
   e.g. Rodger v. Electronic Data Systems Corp. · Parks Automotive Group, Inc. v. General Motors Corp.

3. “[A]n order certifying a class must be reversed if it becomes apparent, at any time during the pendency of the proceeding, that class treatment of the action is inappropriate.”

   5 later decisions quote this exact passage · from the majority
   e.g. Chisolm v. TranSouth Financial Corp. · Renee Lowery Lisa S. Peterson, and Shelby McKnight Gregory Fleming Sonya Hairston Dynelle Johnson Nadra Smith Ponnette Smith Sheila Smith Patricia Spencer Edward Stokes v. Circuit City Stores, Incorporated, Chamber of Commerce of the United States of America Washington Legal Foundation Equal Employment Advisory Council National Retail Federation Equal Employment Opportunity Commission Naacp Legal Defense and Education Fund, Inc., Amici Curiae. Shelby McKnight Gregory Fleming Renee Lowery Nadra Smith Ponnette Smith Sheila Smith Patricia Spencer Edward Stokes Lisa S. Peterson, and Sonya Hairston Dynelle Johnson v. Circuit City Stores, Incorporated, Chamber of Commerce of the United States of America Washington Legal Foundation Equal Employment Advisory Council National Retail Federation Equal Employment Opportunity Commission Naacp Legal Defense and Education Fund, Inc., Amici Curiae. Shelby McKnight Renee Lowery Lisa S. Peterson, and Gregory Fleming Sonya Hairston Dynelle Johnson Nadra Smith Ponnette Smith Sheila Smith Patricia Spencer Edward Stokes v. Circuit City Stores, Incorporated, Equal Employment Opportunity Commission Naacp Legal Defense and Education Fund, Inc., Amici Curiae. Renee Lowery, and Shelby McKnight Gregory Fleming Sonya Hairston Dynelle Johnson Nadra Smith Ponnette Smith Sheila Smith Patricia Spencer Edward Stokes Lisa S. Peterson v. Circuit City Stores, Incorporated