American Federation of State County and Municipal Employees Local v. Private Industry Council of Trumbull County J’s Empirical Analysis

Citation profile

13 federal appellate · 4 district ·

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

1. “1) whether the plaintiff is of the class for whose especial benefit the statute was created; 2) whether there is any legislative intent, explicit or implicit, which either creates or denies a private remedy; 3) whether finding an implied cause of action is consistent with the underlying purposes of the legislative scheme; and 4) whether the cause of action is one that is traditionally left to state law such that it would be inappropriate to infer a cause of action based solely on federal law.”

   2 later decisions quote this exact passage · from the majority
   e.g. 846 F. Supp. 27 - Berry v. Pennsylvania Pressed Metals, Inc. · 170 F. Supp. 2d 741 - Care Choices, HMO v. Engstrom

2. “____JTPA was enacted primarily to benefit youth, unskilled adults, and other individuals facing serious barriers to employment ... However, to imply a private right of action “the language of the statute in question must do more than confer benefits, for ‘[t]he question is not simply who would benefit ..., but whether Congress intended to confer federal rights upon these beneficiaries.’ ... The second Cort factor requires examination of the legislative history for evidence that Congress intended that a private right of action be available under the statute. AFSCME has identified no legislative history regarding a private cause of action under the JTPA____ [T]he legislative history is silent regarding a private right of action.... [Ijmplying a private right of action on the basis of congressional silence is a hazardous enterprise at best.’---- .... JTPA has a comprehensive administrative procedure for addressing complaints and grievances..... These provisions suggest that there is no implied private right of action under the JTPA because Congress “has established an elaborate system of administrative review, which would appear intended to be exclusive.” ____ The third inquiry under Cort is whether implying a private right of action would be consistent with the underlying purposes of the legislative scheme..... [A]s noted earlier, the grievance procedures mandated by the JTPA provide the means for local workers to secure the protections afforded by section 1553(b). “Although it”

   1 later decision quote this exact passage · from the majority
   e.g. 846 F. Supp. 27 - Berry v. Pennsylvania Pressed Metals, Inc.

3. “29 U.S.C. § 1554 [the JTPA] prescribes administrative remedies for grievances arising out of a training program. The Act confers on the Secretary of Labor broad authority to monitor training programs and to take appropriate action to assure compliance with the law. §§ 1573 & 1574. The Secretary’s final order is subject to judicial review in the court of appeals. § 1578. The lack of an express, private right of action and the pervasive administrative remedies demonstrate that Congress provided no private right of action for persons aggrieved by the failure of a recipient of training funds to abide by the law.”

   1 later decision quote this exact passage · from the majority
   e.g. Worthington v. Subaru-Isuzu Automotive, Inc.