Baumgartner’s Empirical Analysis

Citation profile

10 district · 4 state decisions

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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[F]rom a policy standpoint, if defendants could deprive plaintiffs of attorney’s fees by unilaterally mooting the underlying case by conceding to plaintiffs’ demands, attorneys might be more hesitant about bringing these civil rights suits, a result inconsistent with Congress’ intent in enacting section 1988.”

   2 later decisions quote this exact passage · from the majority
   e.g. 889 F. Supp. 384 - Richard v. City of Pasadena · Singer Management Consultants, Inc. v. Milgram

2. “comparable relief through a consent decree or settlement,”

   2 later decisions quote this exact passage · from the majority
   e.g. Laudert v. Richland County Sheriff's Department · 26 F. Supp. 2d 868 - Virginia Society for Human Life, Inc. v. Caldwell

3. “It is settled law, of course, that relief need not be judicially decreed in order to justify a fee award under § 1988. A lawsuit sometimes produces voluntary action by the defendant that affords the plaintiff all or some of the relief he sought through a judgment — e.g., a monetary settlement or a change in conduct that redresses the plaintiffs grievances. When that occurs, the plaintiff is deemed to have prevailed despite the absence of a formal judgment in his favor.”

   1 later decision quote this exact passage · from the majority
   e.g. 872 F. Supp. 119 - Valley Disposal, Inc. v. Central Vermont Solid Waste Management District