United States v. Klein’s Empirical Analysis
153 F.2d 55 · 1946
Citation profile
13 federal appellate · 4 state decisions
How this case has been cited
Cited by 21 later decisions (2 by the Supreme Court) — most recently June 1986
13 federal appellate · 4 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 16 U.S.C. § 584
Relies on Erie Co v. Tompkins · State of Kansas v. State of Colorado · Western Union Telegraph Company v. Call Publishing Company · 60 F. Supp. 807 - United States v. Standard Oil Co. · Oklahoma City v. Caple
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““If an injury or death for which compensation is payable under this chapter is caused under circumstances creating a legal liability in some person other than the United States to pay damages therefor, and a beneficiary entitled to compensation from the United States for such injury or death receives, as a result of a suit brought by him or on his behalf, or as a result of a settlement made by him or on his behalf, any money or other property in satisfaction of the liability of such other person, such beneficiary shall, after deducting the costs of suit and a reasonable attorney’s fee, apply the money or other property so received in the following manner: (A) If his compensation has been paid in whole or in part, he shall refund to the United States the amount of compensation which has been paid by the United States and credit any surplus upon future payments of compensation payable to him on account of the same injury. Any amount so refunded to the United States shall be placed to the credit of the employees’ compensation fund. (B) If no compensation has been paid to him by the United States, he shall credit the money or other property so received upon any compensation payable to him by the United States on account of the same injury.””
1 later decision quote this exact passage · from the majority““As Congress has provided a method by which the United States can recover, that procedure must be followed or otherwise the right is waived. If such procedure is not exclusive, then a defendant is without protection as under the common law the injured government employee can recover for all elements-of damages, including hospitalization and medical services and for loss of time, and the United States might recover for these same elements of damage. There was in fact but one cause of action and that was vested in Ward. “We do not think there was vested in the United States any common-law right growing out of the relationship of master and servant. There is no national common law in the United States distinct from the common law which each state, except the State of Louisiana, has adopted for itself and which it applies as its local law, subject, of course, to such changes as may have been provided by its statutes. Kansas v. Colorado, 206 U.S. 46 , 27 S.Ct. 655 , 51 L.Ed. 956 ; Western Union Tel. Co. v. Call Pub. Co., 181 U.S. 92 , 21 S.Ct. 561 , 45 L.Ed. 765 ; Erie R. Co. v. Tompkins, 304 U.S. 64 , 58 S. Ct. 817 , 82 L.Ed. 1188 , 114 A.L.R. 1487 .””
1 later decision quote this exact passage · from the majority“We are of the view that the statutory provisions above referred to furnish the exclusive remedy and that resort cannot be had to any common law remedies. Where an Act of Congress deals with the subjects to which it relates, that Act is paramount and exclusive, and recovery, if at all, must be had in the mode and by and for the persons, and for the reasons, designated in the Act.”
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.