951 F. Supp. 838 - Mennen v. Easter Stores’s Empirical Analysis
1997
Citation profile
3 federal appellate · 2 district ·
How this case has been cited
Cited by 13 later decisions — most recently October 2018
3 federal appellate · 2 district ·
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 26 U.S.C. § 6621 · 28 U.S.C. § 1961 · 29 U.S.C. § 2001 (Employee Polygraph Protection Act of 1988) · 29 U.S.C. § 2002 · 29 U.S.C. § 2005 · 29 U.S.C. § 2006 · 29 U.S.C. § 2007 · 29 U.S.C. § 2008
Relies on Albemarle Paper Co. v. Moody · Carey v. Piphus · Franks v. Bowman Transportation Co. · New York State Conference of Blue Cross & Blue Shield Plans v. Travelers Insurance · Hillsborough County v. Automated Medical Laboratories, Inc.
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) directly or indirectly, to require, request, suggest, or cause any employee or prospective employee to take or submit to any lie detector test; (2) to use, accept, refer to, or inquire concerning the results of any lie detector test of any employee or prospective employee; (3) to discharge, discipline, discriminate against in any manner, or deny employment or promotion to, or threaten to take any such action against— (A) any employee or prospective employee who refuses, declines, or fails to take or submit to any lie detector test, or (B) any employee or prospective employee on the basis of the results of any lie detector test;””
2 later decisions quote this exact passage · from the majority“Although Congress passed the EPPA eight years ago, a court applying the Act still finds itself in relatively uncharted territory, as case law applying the EPPA is sparse. Such case law as the court has found is of little help, because there are but few federal cases even mentioning the EPPA, and only a handful of these actually address claims made pursuant to the Act.... Thus, for guidance on the context in which the EPPA was born and such clues on application of the Act as that context may provide, the court turns to the legislative history of the EPPA, as well as to legal commentary on its genesis and effect on the workplace.”
2 later decisions quote this exact passage · from the majority“(1) the test is administered in connection with an ongoing investigation involving economic loss or injury to the employer’s business, such as theft ...; (2) the employee had access to the property that is the subject of the investigation; (3) the employer has a reasonable suspicion that the employee was involved in the incident or activity under investigation; (4) and the employer executes a statement, provided to the examiner before the test that— (A) sets forth with particularity the specific incident or activity being investigated and the basis for testing particular employees, (B) is signed by a person (other than a polygraph examiner) authorized to legally bind the employer, (C) is retained by the employer for at least 3 years, and (D) contains at a minimum— (i) an identification of the specific economic loss or injury to the business of the employer, (ii) a statement indicating that the employee had access to the property that is the subject of the investigation, and (iii) a statement describing the basis of the employer’s reasonable suspicion that the employee was involved in the incident or activity under investigation.”
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.