Gonzalez v. Hobby’s Empirical Analysis
213 F.2d 68 · 1954
Citation profile
9 federal appellate ·
How this case has been cited
Cited by 11 later decisions — most recently October 1985
9 federal appellate ·
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 42 U.S.C. § 402 (§ 202 of the Social Security Act of 1935) · 42 U.S.C. § 405 (§ 205 of the Social Security Act of 1935) · 42 U.S.C. § 406 (§ 206 of the Social Security Act of 1935) · 42 U.S.C. § 408 (§ 208 of the Social Security Act of 1935)
Relies on United States v. Equitable Trust Co. · Dickinson v. Stiles · 110 F. Supp. 893 - Gonzalez v. Hobby · Ryan v. Philadelphia & Reading Coal & Iron Co.
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In the case of an adult claimant this ordinarily presents no problem to the courts. For such a claimant can contract for legal services and obligate herself to pay for them. But it may be different in the case of a minor claimant who cannot contract for himself and whose mother and natural guardian may not be empowered to agree to counsel fees on his behalf or to pay them out of his funds without a court’s approval. Such a case might present a situation in which the mother and natural guardian or the attorney might have to make application to the state or commonwealth court having jurisdic tion of the minors and their guardian for an order fixing the fees and directing their payment out of the minors’ funds. But since no application is here made for an allowance to be paid by the United States and the statute does not authorize such an allowance in any event, the district court was not concerned with the counsel fees here sought and the motion for their determination was properly denied.””
1 later decision quote this exact passage · from the majoritye.g. Sparks v. Celebrezze“* * * Certainly counsel who prosecute such actions to review adverse decisions under the Social Security Act are entitled to receive reasonable fees for their services and the claimants for whom the services are performed should pay for them.”
1 later decision quote this exact passage · from the majoritye.g. Celebrezze v. Sparks“Congress cannot have contemplated that the claims to which its action gave rise or power would be paid in all cases without litigation, or that suits would be tried by lawyers for nothing, yet it did not regulate attorney's fees.”
1 later decision quote this exact passage · from the majoritye.g. Celebrezze v. Sparks
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.