Baker v. John Morrell & Co.’s Empirical Analysis

Citation profile

2 district · 2 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Attorney’s fee awards in civil rights cases are designed “to encourage the bringing of meritorious civil rights claims which might otherwise be abandoned because of the financial imperatives surrounding the hiring of competent counsel.” City of Riverside v. Rivera, 477 U.S. 561, 578 , 106 S.Ct. 2686 , 91 L.Ed.2d 466 (1986) (referencing fee awards under 42 U.S.C. § 1988 and quoting Kerr v. Quinn, 692 F.2d 875, 877 (2d Cir.1982)). In specialized areas of law, such as civil rights, the national market may provide a reasonable hourly rate. See Casey v. City of Cabool, Mo., 12 F.3d 799, 805 (8th Cir.1993) (“ ‘A national market or a market for a particular legal specialization may provide the appropriate market.’”) (citation omitted). This is so because, Fee awards must be structured so that attorneys of quality and experience with other profitable demands upon their time will not need to sacrifice income available in alternative enterprises in order to effect a public policy intended to protect all citizens. In other words, “the market rate of legal time is the opportunity cost of that time, the income foregone by representing this plaintiff.” Gusman v. Unisys Corp., 986 F.2d 1146, 1149 (7th Cir.1993) (quoting Barrow v. Falck, 977 F.2d 1100, 1105 (7th Cir.1992)). Any other rule would relegate civil rights enforcement (and the law that results) to those lawyers with below-market billing rates. The rates for these lawyers are usually below market for a reason. A refusal to pay for t”

   1 later decision quote this exact passage
   e.g. Knutson v. Ag Processing, Inc.

2. “Physicians provide invaluable services to the public and should be remunerated for their time when they cannot deliver medical care. They often have substantial overhead costs that they incur whether they are [tjreating a patient or testifying about one. Litigators and their clients typically obtain physician testimony by deposition rather than by imposing the additional burdens associated with attendance at trial. They also respect the need to compensate physician-witnesses to the extent necessary to cover their overhead costs and to pay them a fee commensurate with their professional standing and special expertise.”

   1 later decision quote this exact passage · from the majority
   e.g. 361 F. Supp. 2d 935 - Hite v. Vermeer Manufacturing Co.

3. “Wrongfully discharged claimants must use reasonable efforts to mitigate their damages, see, e.g., Fiedler v. Indianhead Truck Line, Inc., 670 F.2d 806, 809 (8th Cir.1982), but this burden is not onerous and does not require success. See, e.g., Rasimas v. Michigan Department of Mental Health, 714 F.2d 614, 624 (6th Cir.1983) (reasonable diligence standard), ce rt. denied, 466 U.S. 950 , 104 S.Ct. 2151 , 80 L.Ed.2d 537 (1984). All that is required by law is an honest, good faith effort. E.g., United States v. Lee Way Motor Freight, Inc., 625 F.2d 918, 938 (10th Cir.1979).”

   1 later decision quote this exact passage
   e.g. 884 F. Supp. 2d 811 - Gilster v. Primebank