Simon v. United States’s Empirical Analysis
341 F.3d 193 · 2003
Citation profile
9 federal appellate · 6 district · 2 state decisions
Relationships
Applies 28 U.S.C. § 1292 · 28 U.S.C. § 1332 (Class Action Fairness Act of 2005) · 28 U.S.C. § 1346 (Federal Tort Claims Act)
Relies on Richards v. United States · Gould Electronics Inc. v. United States · Hubbard Manufacturing Co. v. Greeson · Stutsman v. Kaiser Foundation Health Plan of Mid-Atlantic States, Inc. · Broome v. Antlers' Hunting Club
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) applying different rules to different theories of liability; (2) choosing the place of the last allegedly-wrongful act or omission; (3) determining which asserted act of wrongdoing had the most significant effect on the injury; (4) choosing the state in which the United States' physical actions could have prevented injury; and (5) determining where the `relevant' act or omission occurred.”
1 later decision quote this exact passage · from the majority“appl[ied] [under § 1346(b)(1)] the choice-of-law regime of the jurisdiction in which the last significant act or omission occurred. This has the salutary effect of avoiding the selection of a jurisdiction based on a completely incidental `last contact,' while also avoiding the conjecture that [alternative] inquires often entail.”
1 later decision quote this exact passage · from the majority“D.C. implements a hybrid of the governmental interest' and Restatement (Second) methodologies that identifies the governmental policies underlying the applicable laws and determines which state's policy would be most advanced by having its laws applied to the facts of the case.”
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.