Perkins v. Silverstein’s Empirical Analysis
939 F.2d 463 · 1991
Citation profile
52 federal appellate · 7 district · 5 state decisions
How this case has been cited
Cited by 259 later decisions — most recently August 2021 · most notably Early v. Bankers Life & Casualty Co. (1992), Lisa Worth v. Robert H. Tyer (2001)
52 federal appellate · 7 district · 5 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
Applies 29 U.S.C. § 621 (§ 2 of the Age Discrimination in Employment Act of 1967) · 29 U.S.C. § 626 (§ 7 of the Age Discrimination in Employment Act of 1967) · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1985 · 42 U.S.C. § 2000E (§ 701 of the Title VII of the Civil Rights Act of 1964) · 42 U.S.C. § 2000E (§ 706 of the Title VII of the Civil Rights Act of 1964)
Relies on Conley v. Gibson · Monell v. Department of Social Services of City of New York · Board of Regents of State Colleges v. Roth · Scheuer v. Rhodes · Foman v. Davis
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 259 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“is an understatement. While plaintiffs make clear in their original complaint what their claims are, they fail to identify the grounds upon which their claims are based. 1 This they must do, even under the liberal notice pleading of Rule 8(a). Conley, 355 U.S. at 47 , 78 S.Ct. at 102 . In place of particularized factual allegations, plaintiffs assault us with general statements of the law which were lifted verbatim from federal statutes, regulations and case law dealing with employment discrimination, i.e.,”
2 later decisions quote this exact passage“To hold otherwise would impose upon the defendants and the courts the arduous task of responding to an obviously futile gesture on the part of the plaintiffs.”
2 later decisions quote this exact passage · from the majority“In determining the propriety of dismissal under Fed.R.Civ.P. 12(b)(6), the district court ... must accept as true all wellpled factual allegations in the complaint and draw all reasonable inferences therefrom in favor of the plaintiff. Scheuer v. Rhodes, 416 U.S. 232, 236 [ 94 S.Ct. 1683, 1686 , 40 L.Ed.2d 90 ] (1974); Corcoran v. Chicago Park District, 875 F.2d 609, 611 (7th Cir.1989); Gomez v. Illinois State Board of Education, 811 F.2d 1030, 1032-33 (7th Cir.1987). If it appears beyond doubt that plaintiffs can prove any set of facts consistent with the allegations in the complaint which would entitle them to relief, dismissal is inappropriate. Hishon v. King & Spalding, 467 U.S. 69, 73 [ 104 S.Ct. 2229, 2232 , 81 L.Ed.2d 59 ] (1984); Conley v. Gibson, 355 U.S. 41, 45-46 [ 78 S.Ct. 99, 101-102 , 2 L.Ed.2d 80 ] (1957); Illinois Health Care Ass’n v. Illinois Dept. of Public Health, 879 F.2d 286, 288 (7th Cir.1989). They may not avoid dismissal, however, simply by attaching bare legal conclusions to narrated facts which fail to outline the bases of their claims. Sutliff, Inc. v. Donovan Companies, 727 F.2d 648 , 654 (7th Cir.1984); see also, Gomez, 811 F.2d at 1033 (court not bound by plaintiffs’ legal characterization of the facts); Strauss v. City of Chicago, 760 F.2d 765, 767-68 (7th Cir.1985) (absence of any facts to support plaintiff’s claim renders allegations mere legal conclusions subject to dismissal).”
1 later decision quote this exact passage
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.