Smith v. Derwinski’s Empirical Analysis
1991
Citation profile
How this case has been cited
Cited by 35 later decisions — most recently April 2011 · most notably Butts v. Brown (1993), Douglas v. Derwinski (1992)
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. § 1738 · 38 U.S.C. § 1802 · 38 U.S.C. § 1832 · 38 U.S.C. § 3102 · 7 U.S.C. § 136 (Federal Environmental Pesticide Control Act of 1972)
Relies on Citizens to Preserve Overton Park, Inc. v. Volpe · Motor Vehicle Manufacturers Association of United States Inc v. State Farm Mutual Automobile Insurance Company Consumer Alert · Northern Pipeline Construction Co. v. Marathon Pipe Line Co. · Burlington Truck Lines, Inc. v. United States · Kremer v. Chemical Construction Corp.
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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The phrase equity and good conscience means arriving at a fair decision between the obligor and the Government. In making this determination, consideration will be given to the following elements, which are not intended to be all inclusive: (1) Fault of debtor .... (2) Balancing of faults .... (3) Undue hardship .... (4) Defeat the purpose .... (5) Unjust enrichment_ (6) Changing position to one’s detriment ....”
2 later decisions quote this exact passage · from the dissent
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.