No. 90-1503’s Empirical Analysis
1991
Citation profile
17 federal appellate · 1 district · 2 state decisions
How this case has been cited
Cited by 33 later decisions — most recently January 2018 · most notably Laborers' International Union v. Foster Wheeler Corp. (1994), Checkosky v. Securities & Exchange Commission (1994)
17 federal appellate · 1 district · 2 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
Relies on Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. · Securities and Exchange Commission v. Chenery Corporation Same · DelCostello v. International Brotherhood of Teamsters · Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc. · Chevron Oil Co. v. Huson
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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[E]ven assuming the claim ultimately to be completely meritless, the Board’s analysis itself points to some evidence supportive of the claim. For example, the Board notes that “the position paper on [mandatory] transfers states that managers have had very few problems with them.” This statement surely gives some support to the union view that treatment of mandatory transfers as an absolute was contrived, even if, on balance, a fact finder would conclude that the higher levels of Brown & Sharpe’s management acted in good faith in rejecting the position paper’s recommendation. Our inference that the Board was demanding a good deal more than “support” is reinforced by its remarks that particular pieces of evidence are not “inherently contradictory,” seeming to suggest that only an inexplicable contradiction would be enough, regardless of whether the company offered an explanation.”
2 later decisions quote this exact passage · from the concurrence“Investigative foul-ups by the General Counsel necessarily burden one party or another (the charging party under Ducane, the charged party under its opposite); neither inequity is necessarily greater than the other, and it is within the Board's discretion to strike the balance as it has.”
2 later decisions quote this exact passage · from the concurrence“a dismissed charge may not be reinstated [by the Board's General Counsel] outside the 6-month limitations period of Section 10(b) absent special circumstances in which a respondent fraudulently conceals the operative facts underlying the alleged violation.”
2 later decisions 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.