154 F. Supp. 2d 1286 - McEntee v. Henderson’s Empirical Analysis
2001
Citation profile
1 district ·
Relationships
Applies 28 U.S.C. § 1346 (Federal Tort Claims Act) · 28 U.S.C. § 2671 · 28 U.S.C. § 2674 · 28 U.S.C. § 2679 · 39 U.S.C. § 1005 · 39 U.S.C. § 409 · 5 U.S.C. § 8101 (Attendant Allowance Adjustment Act) · 5 U.S.C. § 8116
Relies on Conley v. Gibson · Vandygriff v. Phillips · Hannahville Indian Community v. United States · Westlake v. Lucas · Lockheed Aircraft Corp. 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“... FECA provides the exclusive remedy for federal employees with respect to workplace related injuries. As set forth in 39 U.S.C. § 1005 (c), Postal Service employees are specifically covered by FECA. In this regard, 5 U.S.C. § 8116 (c) provides as follows: The liability of the United States ... under this subchapter ... with respect to the injury or death of an employee is exclusive and instead of all other liability under the United States ... to the employee ... because of the injury or death in a direct judicial proceeding, in a civil action ... or under a Federal tort liability statute. Id. (emphasis added). The Supreme Court addressed the exclusivity of FECA in Lockheed Aircraft Corp. v. United States, 460 U.S. 190, 193-94 , 103 S.Ct. 1033 , 74 L.Ed.2d 911 (1983), and noted the following: FECA’s exclusive-liability provision was enacted in substantially its present form in 1949 ... It was designed to protect the Government from suits under statutes, such as the Federal Tort Claims Act, that had been enacted to waive the Government’s sovereign immunity. In enacting this provision, Congress adopted the principal compromise — the “quid pro quo”— commonly found in workers’ compensation litigation: employees are guaranteed the right to receive immediate, fixed benefits, regardless of fault and without need for legislation, but in return they lose the right to sue the Government. Lockheed Aircraft, 460 U.S. at 193-94 , 103 S.Ct. 1033 , 74 L.Ed.2d 911 (citing H.R. Rep. Bill. ”
1 later decision quote this exact passage
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.