Smith v. Brown’s Empirical Analysis
35 F.3d 1516 · 1994
Citation profile
6 federal appellate · 1 state decisions
How this case has been cited
Cited by 175 later decisions — most recently May 2023 · most notably Allday v. Brown (1995), Hodge v. West (1998)
6 federal appellate · 1 state decisions
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 38 U.S.C. § 5108 · 38 U.S.C. § 7103 · 38 U.S.C. § 7104 · 38 U.S.C. § 7105 · 38 U.S.C. § 7261 · 38 U.S.C. § 7292
Relies on Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. · William Marbury v. James Madison · M'Culloch v. State of Maryland · Smith v. United States · United States National Bank v. Independent Insurance Agents of America, Inc.
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 175 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Where evidence establishes [CUE], the prior decision will be reversed or amended. For the purpose of authorizing benefits, the rating or other adjudicative decision which constitutes a reversal of a prior decision on the grounds of [CUE] has the same effect as if the corrected decision had been made on the date of the reversed decision.”
11 later decisions quote this exact passage · from the majoritye.g. Elkins v. Brown · Eddy v. Brown“cannot rely upon the generous spirit that suffuses the law generally to override the clear meaning of a particular provision.”
6 later decisions quote this exact passage · from the majority“[Review of a Board decision by a regional office] would, oddly, permit an inferior to collaterally review the actions of a superior.”
5 later decisions 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.