Bianchi v. Perry’s Empirical Analysis
140 F.3d 1294 · 1998
Citation profile
2 federal appellate · 1 district ·
Relationships
Applies 5 U.S.C. § 504 (Equal Access to Justice Act)
Relies on United States v. Wurts · Robi v. Five Platters, Inc. · Bank of America National Trust & Savings Ass'n v. United States · 23 Cl. Ct. 542 - American National Bank & Trust Co. 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In the context of this dispute, the word “pursue” meant that Bianchi had to win an EAJA award, but once the award was established, the government would pay it. In private actions where there is a right to attorneys’ fees, lawyers frequently agree to settle for a principal amount and to allow one side to pursue an attorneys’ fees award, meaning that they will pay it once entitlement to attorneys’ fees and amount are determined. Were an insurance defense lawyer to enter into such a settlement agreement on behalf of an insurance company, and then claim that they only promised to allow pursuit of the money, not to pay it, the best the lawyer and insurer could hope for would be long-term distrust, and more likely they could expect bad faith litigation. Giving the settlement agreement so strained construction would encourage sharp practice.”
1 later decision quote this exact passage · from the majority“Because its ratio decidendi does not allow for a distinction, we conclude that the Federal Circuit [Bianchi I] decision is res judicata. That decision established that the government was not entitled to a setoff against the $617,500 or the interest based on Bianchi’s assignment to his bank and bank’s assignment to the SBA. The reasoning of the decision establishes that the assignments could not entitle the government to a setoff against the settlement at all. The meaning of that agreement, with respect to setoff, has already been conclusively determined by the Federal Circuit.”
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.