Marcus v. Shalala’s Empirical Analysis
17 F.3d 1033 · 1994
Citation profile
34 federal appellate · 3 district · 1 state decisions
How this case has been cited
Cited by 102 later decisions — most recently July 2016 · most notably Little v. Cox's Supermarkets (1995), Sorenson v. Mink (2001)
34 federal appellate · 3 district · 1 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 28 U.S.C. § 2412 · 42 U.S.C. § 402 (§ 202 of the Social Security Act of 1935)
Relies on Pierce v. Underwood · Bowen v. Yuckert · Library of Congress v. Shaw · Commissioner, Immigration & Naturalization Service v. Jean · Sullivan v. Zebley
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 102 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Thus, fees may be awarded in cases where the government’s prelitigation conduct was not substantially justified even though its litigating position may have been substantially justified and vice versa. In other words, the fact that the government’s litigating position was substantially justified does not necessarily offset prelitigation conduct that was without a reasonable basis.”
10 later decisions quote this exact passage“a court shall award to a prevailing party other than the United States fees and other expenses ... incurred by that party in any civil action ... brought by or against the United States ..., unless the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust.”
4 later decisions quote this exact passage“In making this determination, it is appropriate for the district court to consider the government’s litigating position as well as its prelitigation conduct—the action or inaction that gave rise to the litigation____EAJA fees may be awarded if either the government’s prelitigation conduct or its litigation position are not substantially justified.”
3 later decisions 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.