Pearson v. Shalala’s Empirical Analysis
164 F.3d 650 · 1999
Citation profile
13 federal appellate · 14 district ·
How this case has been cited
Cited by 50 later decisions (1 by the Supreme Court) — most recently August 2021 · most notably Federal Express Corp. v. Holowecki (2008), Sierra Club v. Environmental Protection Agency (2002)
13 federal appellate · 14 district ·
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 Motor Vehicle Manufacturers Association of United States Inc v. State Farm Mutual Automobile Insurance Company Consumer Alert · Central Hudson Gas Electric Corporation v. Public Service Commission of New York · Bates v. State Bar of Arizona · Jacobellis v. Ohio · Board of Trustees of State Univ. of NY v. Fox
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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The FDA’s concern regarding the fourth claim — “0.8 of folic acid in a dietary supplement is more effective in reducing the risk of neural tube defects than a lower amount in foods in common form” — is different from its reservations regarding the first three claims; the agency simply concluded that “the scientific evidence does not support the superiority of any one source [of folic acid] over others.” 61 Fed.Reg. at 8760. But it appears that credible evidence did support this claim [citation omitted], and we suspect that a clarifying disclaimer could be added to the effect that “the evidence in support of this claim is inconclusive.””
3 later decisions quote this exact passage · from the concurrence“showing that such solicitation posed dangers of fraud, overreaching, or compromised independence). 9 37 We do not presume to draft precise disclaimers for each of appellants' four claims; we leave that task to the agency in the first instance. Nor do we rule out the possibility that where evidence in support of a claim is outweighed by evidence against the claim, the FDA could deem it incurable by a disclaimer and ban it outright. 10 For example, if the weight of the evidence were against the hypothetical claim that”
3 later decisions quote this exact passage · from the concurrence“[I]t appears that credible evidence did support [the folic acid claim], and we suspect that a clarifying disclaimer could be added to the effect that 'The evidence in support of this claim is inconclusive.' ” (citation omitted)). 8 . The current FDA guidance regarding evaluation of health claims, issued in 2009, is entitled”
3 later decisions quote this exact passage · from the concurrence
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.