Branstad v. Veneman’s Empirical Analysis

Citation profile

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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The only additional argument offered here in support of the same contention regarding the anti-injunction protections for the CCC is that the Eighth Circuit Court of Appeals found in Penner v. Madigan, 974 F.2d 993 (8th Cir.1992), that whether or not injunctive relief would affect payments administered by the CCC, and consequently would necessarily run afoul of the anti-injunction provisions of 15 U.S.C.- § 714b(c), is “a difficult issue.” See Defendant’s Response To Plaintiffs’ Motion For Preliminary Injunction at 5. However, the Secretary acknowledges that, in Penner , the Eighth Circuit Court of Appeals declined to address this issue. See id. at 6. The court is unpersuaded by dicta about the difficulty of an issue in a decision that did not even reach the question. See Penner, 974 F.2d at 996 (“Having concluded that plaintiffs’ claims were properly dismissed for failure to .exhaust administrative remedies, we do not reach the difficult issue whether the CCC anti-injunction statute bars their claims for declaratory relief.”). Moreover, as the court suggested in Branstad I, the issue ultimately is not, in the court’s view, a “difficult one,” because it is plain that no injunction would issue against the CCC or have any affect on the CCC. Rather, only the USDA’s decertification of the Branstads’ eligibility for program benefits administered through the CCC would be affected. The Secretary’s argument based on the anti-injunction protections for the CCC still “fails on its own ”

   1 later decision quote this exact passage
   e.g. 231 F. Supp. 2d 895 - B & D Land and Livestock Co. v. Veneman

2. ““The burden of establishing the propriety of a preliminary injunction is on the movant.” Baker Elec. Co-op., Inc. [v. Chaske], 28 F.3d [1466,] 1472 [ (8th Cir.1994) ]. As the Eighth Circuit Court of Appeals recently explained, The relevant factors on a motion for a preliminary injunction are: “(1) the probability of success on the merits; (2) the threat of irreparable harm to the movant; (3) the balance between this harm and the injury that granting the injunction will inflict on other interested parties; and (4) whether the issuance of an injunction is in the public interest.” Sanborn Mfg. Co., Inc. v. Campbell Hausfeld/Scott Fetzer Co., 997 F.2d 484, 485-86 (8th Cir.1993) (citing Dataphase Sys., Inc. v. C.L. Sys., Inc., 640 F.2d 109, 114 (8th Cir.1981) (en banc)). “A district court has broad discretion when ruling on requests for preliminary injunctions, and we will reverse only for clearly erroneous factual determinations, an error of law, or an abuse of that discretion.” United Indus. Corp. v. Clorox Co., 140 F.3d 1175, 1179 (8th Cir.1998) (citation omitted). Entergy, Ark., Inc. v. Nebraska, 210 F.3d 887, 898 (8th Cir.2000); Bandag, Inc. v. Jack’s Tire & Oil, Inc., 190 F.3d 924, 926 (8th Cir.1999); Iowa Right to Life Committee, Inc. v. Williams, 187 F.3d 963, 966 (8th Cir.1999). In accordance with the usual practice in this circuit, this court will refer to these “relevant factors” as the “Dataphase factors.” See, e.g., Entergy, Ark., Inc., 210 F.3d at 893 . As the Eighth”

   1 later decision quote this exact passage
   e.g. 231 F. Supp. 2d 895 - B & D Land and Livestock Co. v. Veneman

3. “[T]he Secretary contends that [preliminary injunctive] relief is expressly and/or impliedly forbidden by 15 U.S.C. § 714b(c), which provides that the Commodity Credit Corporation (CCC), which funds and pays farm program benefits for which the Branstads have applied, “[m]ay sue and be sued, but no attachment, injunction, garnishment, or other similar process, mesne or final, shall be issued against the Corporation or its property.” The Secretary contends that, while this case has not been brought directly against the CCC, the practical effect of such an injunction, if granted, would affect the CCC’s operation. This argument, of course, fails on its own terms. As the Secretary concedes, the Branstads’ action is not brought against the CCC and no preliminary injunction in this action would be directed to the CCC. Nor, the court concludes, would it affect the operation of the CCC. Rather, the preliminary injunction would only enjoin the USDA from declaring the Branstads to be ineligible for farm program benefits administered by the CCC until the conclusion of judicial review of USDA determinations. Thus, preliminary injunctive relief would only be directed to and have an effect upon the operations of the USDA.”

   1 later decision quote this exact passage
   e.g. 231 F. Supp. 2d 895 - B & D Land and Livestock Co. v. Veneman