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← 338 N.C. 230 - Morrell v. Flaherty

Morrell v. Flaherty’s Empirical Analysis

1994

Citation profile

16
cited by 16 later decisions
2
cited 2 times by the Supreme Court
1
states following
December 2018
most recently cited

14 state decisions

How this case has been cited

Cited by 16 later decisions (2 by the Supreme Court) — most recently December 2018

14 state decisions

80199420002010decided

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. § 1311 (§ 1111 of the Social Security Act of 1935) · 42 U.S.C. § 1988 · 42 U.S.C. § 602 (§ 402 of the Social Security Act of 1935) · 42 U.S.C. § 604 (§ 404 of the Social Security Act of 1935) · 42 U.S.C. § 605 (§ 405 of the Social Security Act of 1935) · 42 U.S.C. § 606 (§ 406 of the Social Security Act of 1935)

Relies on Udall v. Tallman · Dandridge v. Williams · Bowles v. Seminole Rock & Sand Co. · Thomas Jefferson University v. Shalala · King v. Smith

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

  1. “The determination whether a child has been deprived of parental support or care by reason of the death, continued absence from the home, or physical or mental incapacity of a parent, or (if the State plan includes such cases) the unemployment of his or her parent who is the principal earner will be made only in relation to the child's natural or adoptive parent, or in relation to the child's stepparent who is married, under State law, to the child's natural or [adoptive] parent and is legally obligated to support the child under State law of general applicability which requires stepparents to support stepchildren to the same extent that natural or adoptive parents are required to support their children. Under this requirement, the inclusion in the family, or the presence in the home, of a 'substitute parent' or 'man-in-the-house' or any individual other than one described in this paragraph is not an acceptable basis for a finding of ineligibility or for assuming the availability of income by the State. . . .”
    1 later decision quote this exact passage
  2. “[I]n determining need and the amount of the assistance payment, . . .: . . . . . "(D) Income . . . and resources available for current use shall be considered. To the extent not inconsistent with any other provision of this chapter, income and resources are considered available both when actually available and when the applicant or recipient has a legal interest in a liquidated sum and has the legal ability to make such sum available for support and maintenance.”
    1 later decision quote this exact passage
  3. “[T]he money amount of any need item included in the standard will not be prorated or otherwise reduced solely because of the presence in the household of a non-legally responsible individual; and the [state] agency will not assume any contribution from such individual for the support of the assistance unit. . . .”
    1 later decision quote this exact passage

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.