green
Positive treatment
5.8 score
Treatment trajectory · 1982 → 2026 · click a year to view as-of
1982
2004
2026
Top citers, strongest first. 25 distinct citers.
How cited ↗
discussed
Cited "see"
Parker v. Philadelphia Newspapers, Inc.
See Payne v. McLemore’s Wholesale & Retail Stores, 654 F.2d 1130, 1137 (5th Cir.1981), cert. denied, 455 U.S. 1000 , 102 S.Ct. 1630 , 71 L.Ed.2d 866 (1982)(finding picketing in protest of discriminatory practices to be protected activity). 2.
discussed
Cited "see"
Lewis v. Young Men's Christian Ass'n
See Payne v. McLemore’s Wholesale and Retail Stores, 654 F.2d 1130, 1141 (5th Cir. Unit A Sept.1981) 3 (“Defendant’s failure to rehire the plaintiff was undoubtedly an adverse employment action” for purposes of Title VII) 4 , cert. denied, 455 U.S. 1000 , 102 S.Ct. 1630 , 71 L.Ed.2d 866 (1982).
cited
Cited "see"
Amos v. Housing Authority of Birmingham Dist.
See Payne v. McLemore’s Wholesale & Retail Stores, 654 F.2d 1130, 1137 (5th Cir. Unit A Sept. 1981), cert. denied, 455 U.S. 1000 , 102 S.Ct. 1630 , 71 L.Ed.2d 866 (1982).
discussed
Cited "see"
Rose Marie RAY, Plaintiff-Appellant, v. TANDEM COMPUTERS, INC., Defendant-Appellee
See Payne v. McLemore’s Wholesale & Retail Stores, 654 F.2d 1130 n. 13 (5th Cir.1981) (allowing inference of causation based on employer's knowledge of activities and temporal proximity of this knowledge and the adverse action), cert. denied, 455 U.S. 1000 , 102 S.Ct. 1630 , 71 L.Ed.2d 866 (1982). 24 .
discussed
Cited "see"
Trent v. Valley Electric Ass'n, Inc.
See Payne v. McLemore’s Wholesale & Retail Stores, 654 F.2d 1130, 1137-38 (5th Cir.1981) (employee belief that conduct being opposed was discriminatory must only be “reasoriable”) (quoting Hearth v. Metropolitan Transit Commission, 436 F.Supp. 685, 688-89 (D.Minn.1977)), cert. denied, 455 U.S. 1000 , 102 S.Ct. 1630 , 71 L.Ed.2d 866 (1982); Sisco v. J.S.
discussed
Cited "see"
66 Fair empl.prac.cas. (Bna) 769, 65 Empl. Prac. Dec. P 43,388 Victoria L. Trent, AKA Victoria L. Winebarger v. Valley Electric Association Inc. Richard Burasco Ross Dohlen
See Payne v. McLemore's Wholesale & Retail Stores, 654 F.2d 1130, 1137-38 (5th Cir.1981) (employee belief that conduct being opposed was discriminatory must only be "reasonable") (quoting Hearth v. Metropolitan Transit Commission, 436 F.Supp. 685, 688-89 (D.Minn.1977)), cert. denied, 455 U.S. 1000 , 102 S.Ct. 1630 , 71 L.Ed.2d 866 (1982); Sisco v. J.S.
discussed
Cited "see"
Phyllis Wright Harris, on Her Own Behalf and on Behalf of Her Three Children Beverly Harris Butler, Formerly Beverly Harris Samuel Harris v. Joint School District No. 241 Board of Trustees of District No. 241 Trent Woods, Chairperson of Board Al Arnzen, Superintendent v. Citizens Preserving America's Heritage, Inc., an Idaho Corporation, Defendants-Intervenors-Appellees
Knudsen Corp. v. Nevada State Dairy Comm'n, 676 F.2d 374 , 377 (9th Cir.1982) "A district court abstaining under Pullman must dismiss the state law claim and stay its proceedings on the [federal] constitutional question until a state court has resolved the state issue." Cedar Shake & Shingle Bureau v. City of Los Angeles, 997 F.2d 620, 622 (9th Cir.1993); see Manney v. Cabell, 654 F.2d 1280, 1285 (9th Cir.1980) ("The district court should retain jurisdiction of the federal constitutional issues at the request of either party, pending proceedings in the state courts."), cert. denied, 455 U.S. 1…
discussed
Cited "see"
Harris v. Joint School District No. 241
“A district court abstaining under Pullman must dismiss the state law claim and stay its proceedings on the [federal] constitutional question until a state court has resolved the state issue." Cedar Shake & Shingle Bureau v. City of Los Angeles, 997 F.2d 620, 622 (9th Cir.1993); see Manney v. Cabell, 654 F.2d 1280, 1285 (9th Cir.1980) ("The district court should retain jurisdiction of the federal constitutional issues at the request of either party, pending proceedings in the state courts.”), cert. denied, 455 U.S. 1000 , 102 S.Ct. 1630 , 71 L.Ed.2d 866 (1982); Santa Pe Land Improv.
discussed
Cited "see"
Com. of Mass. v. Mosbacher
See generally Carey v. Klutznick, 653 F.2d 732 (2d Cir.1981), cert. denied, 455 U.S. 999 , 102 S.Ct. 1630 , 71 L.Ed.2d 866 (1982); Tucker v. United States Dep’t of Commerce, 135 F.R.D. 175 (N.D.Ill.1991), appeal pending, No. 91-2051 (7th Cir.).
cited
Cited "see"
Essie Rollins v. State of Florida Department of Law Enforcement
See Payne v. McLemore’s Wholesale & Retail Stores, 654 F.2d 1130, 1137 (5th Cir. Unit A Sept. 1981), 7 cert. denied, 455 U.S. 1000 , 102 S.Ct. 1630 , 71 L.Ed.2d 866 (1982).
discussed
Cited "see"
Cuomo v. Baldrige
(2×)
See Carey v. Klutznick, 653 F.2d 732 , 735 n. 10 (2d Cir.1981), cert. denied, 455 U.S. 999 , 102 S.Ct. 1630 , 71 L.Ed.2d 866 (1982).
cited
Cited "see"
B.T. JONES, Plaintiff-Appellant, v. FLAGSHIP INTERNATIONAL D/B/A Sky Chefs, Defendant-Appellee
Accord, Payne v. McLemore’s Wholesale & Retail Stores, 654 F.2d 1130 (5th Cir. 1981), cert. denied, 455 U.S. 1000 , 102 S.Ct. 1630 , 71 L.Ed.2d 866 (1982).
cited
Cited "see"
David Fierro v. Ellis C. MacDougal
See Hewitt v. Helms, 655 F.2d 487 , 502 (3d Cir. 1981), cert. granted, — U.S. -, 102 S.Ct. 1629 , 71 L.Ed.2d 865 (1982).
discussed
Cited "see"
Robert K. Richardson v. James E.T. Koshiba, Joan S. Brown, Herbert C. Cornuelle, William L. Fleming, Henry T. Miyamoto, Lawrence S. Okinaga
(2×)
See Manney v. Cabell, 654 F.2d 1280, 1283 (9th Cir.1980), cert. denied, 455 U.S. 1000 , 102 S.Ct. 1630 , 71 L.Ed.2d 866 (1982); Canton v. Spokane School District No. 81, 498 F.2d 840, 845 (9th Cir.1974).
cited
Cited "see"
Hodgin v. Roth
See Helms v. Hewitt, 655 F.2d 487 (3d Cir. 1981), petition for cert. granted, - U.S. -, 102 S.Ct. 1629 , 71 L.Ed.2d 865 , (1982).
discussed
Cited "see, e.g."
Murdoch v. Medjet Assistance, LLC
See also Payne v. McLemore's Wholesale & Retail Stores , 654 F.2d 1130 , 1140 (5th Cir. Unit A Sept. 1981) ("To effectuate the policies of Title VII and to avoid the chilling effect that would otherwise arise, we are compelled to conclude that a plaintiff can establish a prima facie case of retaliatory discharge under the opposition clause of [Title VII] if he shows that he had a reasonable belief that the employer was engaged in unlawful employment practices."), cert. denied , 455 U.S. 1000 , 102 S.Ct. 1630 , 71 L.Ed.2d 866 (1982).
discussed
Cited "see, e.g."
Jones v. City of Heflin
See also Payne v. McLemore’s Wholesale & Retail Stores, 654 F.2d 1130, 1140 (5th Cir. Unit A Sept. 1981) (“To effectuate the policies of Title VII and to avoid the chilling effect that would otherwise arise, we are compelled to conclude that a plaintiff can establish a prima facie case of retaliatory discharge under the opposition clause of [Title VII] if he shows that he had a reasonable belief that the employer was engaged in unlawful employment practices.”), cert. denied, 455 U.S. 1000 , 102 S.Ct. 1630 , 71 L.Ed.2d 866 (1982).
discussed
Cited "see, e.g."
King v. Piggly Wiggly Alabama Distribution Co.
See also Payne v. McLemore’s Wholesale & Retail Stores, 654 F.2d 1130, 1140 (5th Cir. Unit A Sept.1981) (“To effectuate the policies of Title VII and to avoid the chilling effect that would otherwise arise, we are compelled to conclude that a plaintiff can establish a prima facie case of retaliatory discharge under the opposition clause of [Title VII] if he shows that he had a reasonable belief that the employer was engaged in unlawful employment practices.”), cert. denied, 455 U.S. 1000 , 102 S.Ct. 1630 , 71 L.Ed.2d 866 (1982).
discussed
Cited "see, e.g."
78 Fair empl.prac.cas. (Bna) 1006, 74 Empl. Prac. Dec. P 45,708 Kordice M. Douglas, Plaintiff-Appellee-Cross-Appellant v. Dyn McDermott Petroleum Operations Company John Poindexter, Defendants-Appellants-Cross-Appellees
More important, the panel overlooks that "the focus is not on whether the employee intends to follow through with filing the charge, but rather on whether the employer's decision to discharge was motivated by an improper desire to retaliate against an employee for pursuing rights granted by the Act." Polk v. Yellow Freight Syst., Inc., 801 F.2d 190, 200 (6th Cir.1986) (an employee's visit to a Civil Rights Commission to inquire about rights under the Act is a protected activity); see also Gifford v. Atchison, Topeka & Santa Fe Ry., 685 F.2d 1149 , 1156 n. 3 (9th Cir.1982) ("no legal distinctio…
discussed
Cited "see, e.g."
Little v. United Technologies
See also Payne v. McLemore’s Wholesale & Retail Stores, 654 F.2d 1130, 1140 (5th Cir. Unit A Sept. 1981) (“To effectuate the policies of Title VII and to avoid the chilling effect that would otherwise arise, we are compelled to conclude that a plaintiff can establish a prima facie case of retaliatory discharge under the opposition clause of [Title VII] if he shows that he had a reasonable belief that the employer was engaged in unlawful employment practices.”), cert. denied, 455 U.S. 1000 , 102 S.Ct. 1630 , 71 L.Ed.2d 866 (1982). 2 In light of the facts of this case, however, we find Lit…
discussed
Cited "see, e.g."
Morgan v. Future Ford Sales
See, e.g., Payne v. McLemore’s Wholesale & Retail Stores, 654 F.2d 1130 , 1141 n. 13 (5th Cir. Unit A Sept. 1981) (prima facie case established because of inference arising from “evidence that the employer was aware of the plaintiffs activities and that, within a relatively short time ... the adverse employment consequence took place.”), cert. denied, 455 U.S. 1000 , 102 S.Ct. 1630 , 71 L.Ed.2d 866 (1982); Jenkins v. Orkin Exterminating Co., Inc., 646 F.Supp. 1274, 1277 (E.D.Tex.1986) (employer was aware of employee’s protected activities and took adverse action within short time).
discussed
Cited "see, e.g."
Jack Carreras v. City Of Anaheim
See Reetz, 397 U.S. at 86 , 90 S.Ct. at 790 ; see also Manney v. Cabell, 654 F.2d 1280, 1283 (9th Cir.1980) (Pullman abstention appropriate only if the "possibly determinative issue of state law is doubtful"), cert. denied, 455 U.S. 1000 , 102 S.Ct. 1630 , 71 L.Ed.2d 866 (1982); Nasser v. City of Homewood, 671 F.2d 432, 439 (11th Cir.1982) (In order for Pullman absention to be invoked, "[t]he issues of state law must be substantially uncertain or ambiguous, necessitating a construction by the state supreme court.") 6 See generally L.
discussed
Cited "see, e.g."
Carreras v. City of Anaheim
See Reetz, 397 U.S. at 86 , 90 S.Ct. at 790 ; see also Manney v. Cabell, 654 F.2d 1280, 1283 (9th Cir.1980) (Pullman abstention appropriate only if the "possibly determinative issue of state law is doubtful”), cert. denied, 455 U.S. 1000 , 102 S.Ct. 1630 , 71 L.Ed.2d 866 (1982); Nasser v. City of Homewood, 671 F.2d 432, 439 (11th Cir.1982) (In order for Pullman absention to be invoked, "[t]he issues of state law must be substantially uncertain or ambiguous, necessitating a construction by the state supreme court."). .
discussed
Cited "see, e.g."
32 Fair empl.prac.cas. 809, 32 Empl. Prac. Dec. P 33,752 Equal Employment Opportunity Commission v. Crown Zellerbach Corporation, Zellerbach Paper Company, Raymond B. Brown, Walter L. Cook, Thomas F. Gibbs, Herbert E. King, Sheddrick Charles Kinnebrew, Edgar G. Walker and Luther E. Washington, Intervenors-Appellants
See, e.g., Payne v. McLemore's Wholesale & Retail Stores, 654 F.2d 1130, 1136 (5th Cir.1981), cert. denied, 455 U.S. 1000 , 102 S.Ct. 1630 , 71 L.Ed.2d 866 (1982). 23 First, the plaintiff has the burden of proving a prima facie case of discrimination based on opposition to an unlawful employment practice.
cited
Cited "see, e.g."
Equal Employment Opportunity Commission v. Crown Zellerbach Corp.
See, e.g., Payne v. McLemore’s Wholesale & Retail Stores, 654 F.2d 1130, 1136 (5th Cir.1981), cert. denied, 455 U.S. 1000 , 102 S.Ct. 1630 , 71 L.Ed.2d 866 (1982).
Retrieving the full opinion text from the archive…
Stedman
v.
Maynard, Warden
v.
Maynard, Warden
No. 80-6902.
Supreme Court of the United States.
Mar 8, 1982.
Published
C. A. 10th Cir. Certiorari denied.