Fleshman v. West’s Empirical Analysis
138 F.3d 1429 · 1998
Citation profile
18 federal appellate ·
How this case has been cited
Cited by 41 later decisions — most recently July 2021 · most notably Hensley v. West (2000), Ta Chen Stainless Steel Pipe, Inc. v. United States (2002)
18 federal appellate ·
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 Securities and Exchange Commission v. Chenery Corporation Same · Securities and Exchange Commission v. Chenery Corporation · Arkansas v. Federal Communications Commission · National Labor Relations Board v. American Geri-Care, Inc. · Ward v. Merit Systems Protection Board
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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[In a previous ruling in the case], we emphasized a simple but fundamental rule of administrative law. That rule is to the effect that a reviewing court, in dealing with a determination or judgment which an administrative agency alone is authorized to make, must judge the propriety of such action solely by the grounds invoked by the agency. If those grounds are inadequate or improper, the court is powerless to affirm the administrative action by substituting what it considers to be a more adequate or proper basis. To do so would propel the court into the domain which Congress has set aside exclusively for the administrative agency.”
5 later decisions quote this exact passage · from the majority“[T]he doctrine does not prohibit a reviewing court from affirming an agency decision on a ground different from the one used by the agency if the new ground is not one that calls for `a determination or judgment which an administrative agency alone is authorized to make,'”
3 later decisions quote this exact passage · from the majority“the doctrine does not require a remand to the agency if it is clear that `the agency would have reached the same ultimate result' had it considered the new ground.”
3 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.