Magee v. United States’s Empirical Analysis
121 F.3d 1 · 1997
Citation profile
7 federal appellate · 37 district · 1 state decisions
How this case has been cited
Cited by 48 later decisions — most recently July 2021 · most notably Trans-Spec Truck Service, Inc. v. Caterpillar Inc. (2008), Kiman v. New Hampshire Department of Corrections (2006)
7 federal appellate · 37 district · 1 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
Applies 28 U.S.C. § 1346 (Federal Tort Claims Act) · 28 U.S.C. § 2680
Relies on United States v. Gaubert · Berkovitz v. United States · United States v. Muniz · Mesnick v. General Electric Co. · Kelly v. United States
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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Neither party may rely on conclusory allegations or unsubstantiated denials, but must identify specific facts derived from the pleadings, depositions, answers to interrogatories, admissions and affidavits to demonstrate either the existence or absence of an issue of fact.”
2 later decisions quote this exact passage · from the majority“to any claim ... based on the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused.”
2 later decisions quote this exact passage · from the majority“[T]he discretionary function exception will not apply when a federal statute, regulation, or policy specifically pre-scribés a course of action for an employee to follow. In this event, the employee has no rightful option but to adhere to the directive. And if the employee’s conduct cannot appropriately be the product of judgment or choice, then there is no discretion in the conduct for the discretionary function exception to protect.”
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.