Smith v. Derwinski’s Empirical Analysis
1992
Citation profile
How this case has been cited
Cited by 32 later decisions — most recently June 2016 · most notably Hamilton v. Brown (1993), Vda de Landicho v. Brown (1994)
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 38 U.S.C. § 5110 · 42 U.S.C. § 2000E (§ 717 of the Title VII of the Civil Rights Act of 1964)
Relies on Irwin v. Department of Veterans Affairs · Tennessee Valley Authority v. Hill · Griffin v. Oceanic Contractors, Inc. · Office of Personnel Management v. Richmond · Ardestani v. Immigration & Naturalization Service
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he plain language of [ 38 U.S.C. § 7722 (d)] manifests an explicit congressional intent to create at least one duty owed by the VA to veterans as individuals. (This duty is not unlimited in scope, however, and requires of the VA only those actions which are reasonable under the circumstances involved....) [[Image here]] In order to determine whether the VA violated this duty, the phrase “maximum extent possible” must be read in terms of that action reasonably possible under the circumstances. While it is unnecessary to determine the precise scope of this language in every case, we hold that in this particular case, the VA failed to take reasonable action to fulfill its duty under § 7722(d).”
1 later decision quote this exact passage · from the concurrencee.g. Kluttz v. Brown“there is every reason to conclude . . . that he would have made the specific request well within the one-year time period.”
1 later decision 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.