Cushing v. Moore’s Empirical Analysis
970 F.2d 1103 · 1992
Citation profile
20 federal appellate · 3 district ·
How this case has been cited
Cited by 65 later decisions — most recently March 2021 · most notably IUE AFL-CIO Pension Fund v. Herrmann (1993), Nowak v. Ironworkers Local 6 Pension Fund (1996)
20 federal appellate · 3 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 28 U.S.C. § 1332 (Class Action Fairness Act of 2005) · 28 U.S.C. § 1367 · 29 U.S.C. § 706 · 29 U.S.C. § 794
Relies on Doe v. New York University · Teahan v. Metro-North Commuter Railroad · Frasier v. General Electric Co. · Town Of West Hartford v. Operation Rescue · United States v. University Hospital, State University of New York
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 65 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) the claim raises a novel or complex issue of State law, (2) the claim substantially predominates over the claim or claims over which it has original jurisdiction, (3) the district court has dismissed all claims over which it has original jurisdiction, or (4) in exceptional circumstances, there are other compelling reasons for declining jurisdiction.”
2 later decisions quote this exact passage · from the majority“the key determination becomes the factual issue of whether an employee's conduct (such as absenteeism), which forms the articulated basis for a job termination, is actually caused by a handicap (such as substance abuse)”
1 later decision quote this exact passage · from the majority“[i]t is difficult to envision a drug addict receiving methadone treatment in spite of his drug addiction, because it is his drug addiction that brings him to participate in the methadone program in the first place.”
1 later decision quote this exact passage · from the majoritye.g. Doe v. Pfrommer
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.