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← 283 F.2d 149 - Somma v. United States

Somma v. United States’s Empirical Analysis

283 F.2d 149 · 1960

Citation profile

54
cited by 54 later decisions
1
cited 1 times by the Supreme Court
3
states following
November 2011
most recently cited

35 federal appellate · 2 district · 6 state decisions

How this case has been cited

Cited by 54 later decisions (1 by the Supreme Court) — most recently November 2011 · most notably United States v. Demko (1966), Woodruff v. United States Department of Labor, Office of Workers Compensation Program (1992)

35 federal appellate · 2 district · 6 state decisions

190196019701980199020002010decided

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. § 1346 (Federal Tort Claims Act)

Relies on United States v. Western Pacific Railroad · Texas Pacific Railway Company v. Abilene Cotton Oil Company · Far East Conference v. United States · Slocum v. Delaware, Lackawanna & Western Railroad · United States Navigation Co. v. Cunard Steamship 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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “[The] Act sets up a comprehensive system of workmen’s compensation for federal employees. Congress provided that it [the FECA] be interpreted and administered by a Bureau of Employees’ Compensation and an Appeals Board whose action is not reviewable by the courts____ Obviously, the purpose in so providing was to insure uniformity of interpretation and policy.”
    2 later decisions quote this exact passage · from the majority
  2. “Somma may now prosecute a claim for compensation under the FECA. It is true that he has already gone through a time-consuming proceeding; however, all parties were early made aware that the provisions of the FECA might be applicable. We are not unaware that such a claim might be too late under the strict time limits contained in Section 770 of the FECA. As the district court said, however, this would appear to be an appropriate situation for the Secretary of Labor, under this same section, to grant a waiver. Indeed, government counsel categorically stated in this court during oral argument that no prejudice has been caused by the delay. A valid and substantial dispute existed as to the appropriate remedy available. The government was fully aware of Somma’s claim from the time he was first stricken and could have taken the necessary steps to protect itself. No problem of stale or missing evidence has appeared, nor is it suggested that Somma did not promptly seek proper medical aid.”
    1 later decision quote this exact passage · from the majority

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.