Tranello v. Frey’s Empirical Analysis
962 F.2d 244 · 1992
Citation profile
23 federal appellate · 4 district ·
How this case has been cited
Cited by 53 later decisions — most recently March 2016 · most notably Regan v. Boogertman (1993), Sikes v. Teleline, Inc. (2002)
23 federal appellate · 4 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
Relies on Gregory v. Ashcroft · Anderson v. City of Albuquerque · Harriscom Svenska AB v. Harris Corp. · Truck Drivers Local Union No. 807, International Brotherhood of Teamsters v. The Bohack Corporation, Truck Drivers Local Union No. 807, International Brotherhood of Teamsters v. Honorable Jacob Mishler, Chief Judge, United States District Court, Eastern District of New York · Rodriguez v. Banco Central
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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The County also argues that while the County Attorney has the authority to appoint Deputy County Attorneys, this can be done only with the approval of the County Executive, who is an elected official. “Therefore,” the County argues, “the appointment of plaintiff was by an elected official.” We reject this attempt to characterize Tranello’s appointment as being by an elected official as an overly strained effort to exclude Tranello from the coverage of the ADEA. “[T]he language and structure of the definition of ‘employee’ suggest that Congress meant the policymaker category to comprise only policymakers working closely with the elected official.” [EEOC v.] Vermont, 904 F.2d [794] at 798 [ (2nd Cir.1990) ]. That is why the scope of the statutory exception is limited to persons appointed by elected officials. The mere fact that the County Executive must approve the County Attorney’s appointee does not convince us that the appointee would be a “policymaker working closely with the elected official,” and does not compel the conclusion that the Deputy County Attorney is an appointee of the County Executive. We refuse to stretch the language and purpose of the exception to reach so broadly, lest the exception swallow the rule and defeat the statutory purpose.”
2 later decisions quote this exact passage · from the majority“The term "employee” means an individual employed by an employer, except that the term "employee” shall not include any person elected to public office in any State or political subdivision of any State by the qualified voters thereof, or any person chosen by such officer to be on such officer’s personal staff, or an appointee on the policy making level or an immediate adviser with re- sped to the exercise of the constitutional or legal powers of the office. The exemption set forth in the preceding sentence shall not include employees subject to the civil service laws of a State government, governmental agency or political subdivision. With respect to employment in a foreign country, such term includes an individual who is a citizen of the United States.”
2 later decisions quote this exact passage · from the majority“Because Tranello was appointed by another appointed official, and not appointed by an elected official, his position as Deputy County Attorney does not fall within section 630(f), regardless of whether the position was “on the policy-making level.” See Mareno v. County of Westchester, No. 91-Civ-2560, 1991 WL 340566 , [ ] (S.D.N.Y. November 14, 1991) (assistant county attorney does not fall within exception because not appointed by an elected official); Wanner v. Kansas, 766 F.Supp. 1005, 1009 (D.Kan.1991) (assistant director of architectural services not within section 620(f) as he was appointee of appointed director); cf. Anderson v. City of Albuquerque, 690 F.2d 796, 800-01 (10th Cir.1982) (construing virtually identical Title VII exception [42 U.S.C. § 2000e(f) ] to require appointment by elected official to fall within policymaking exception).”
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.