Aguinaga’s Empirical Analysis
Citation profile
18 federal appellate · 21 district · 7 state decisions
How this case has been cited
Cited by 70 later decisions — most recently May 2015 · most notably Webb v. ABF Freight System, Inc. (1998), Federal Deposit Insurance v. United Pacific Insurance (1994)
18 federal appellate · 21 district · 7 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 United Steelworkers v. Warrior & Gulf Navigation Co. · Vaca v. Sipes · Ohio Bureau of Employment Services v. Hodory · Textile Workers v. Lincoln Mills of Ala. · DelCostello v. International Brotherhood of Teamsters
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 70 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A union’s actions are arbitrary only if, ‘in light of the factual and legal landscape at the time of the union’s actions, the union’s behavior is so far outside a “wide range of reasonableness” as to be irrational.’ ... A union’s discriminatory conduct violates its duty of fair representation if it is ‘invidious.’”
11 later decisions quote this exact passage · from the majority“... damages must be awarded to Plaintiffs from the date of the Rodeo Plant closing until February 17, 1987 the date that the settlement between Plaintiffs and Morrell was approved by the court. Back pay liability normally runs until the employer makes a valid, unconditional reinstatement offer. A back pay claimant who rejects a valid reinstatement offer is therefore not entitled to back pay for the period after the rejection of the offer. In the same manner, a waiver of all rights to reinstatement via a settlement with the employer operates to cut off all liability for back pay. Applying this general rule of awarding back pay and benefits until rejection of an offer of reinstatement is the only way Plaintiff can be made whole i.e., put in the same position as if Morrell had not breached the 1979 Master Agreement and the Union had not breached its duty of fair representation. Accordingly, we remand to the district court for calculation of Plaintiffs' damages from June 19, 1982 until February 18, 1987.”
2 later decisions quote this exact passage · from the majority“Employees claiming entitlement to back pay and benefits are required to make reasonable efforts to mitigate damages. EEOC v. Sandia Corp., 639 F.2d 600, 627 (10th Cir.1980). Once back pay and benefits, have been awarded, the burden is on the employer to show that the claimant did not exercise reasonable diligence in mitigating his or her damages. Id. to satisfy this burden, the employer must establish that: (1) there were suitable positions which the claimants could have discovered and for which they were qualified, and (2) the claimants failed to use reasonable diligence in seeking such positions. Id. (citation omitted).”
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.