Smith v. Government of the Virgin Islands’s Empirical Analysis
361 F.2d 469 · 1966
Citation profile
9 federal appellate · 6 district ·
How this case has been cited
Cited by 17 later decisions — most recently June 2013
9 federal appellate · 6 district ·
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
Relies on Dombrowski v. Pfister · Smith v. Government of the Virgin Islands · Reed v. Provident Savings Life Assurance Society · Normand Smith and Nancy L. Smith v. Government of the Virgin Islands, and Harvey Aluminum (Incorporated) Andharvey Alumina Virgin Islands, Inc., Interveners. Harry Neumann v. Government of the Virgin Islands, Harvey Alumina Virgin Islands, Inc. Andharvey Aluminum (Incorporated)
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) Costs which may be allowed in a civil action include: (6) Attorney’s fees as provided in subsection (b) of this section. (b) The measure and mode of compensation of attorneys shall be left to the agreement, express or implied, of the parties; but there shall be allowed to the prevailing party in the judgment such sums as the court in its discretion may fix by way of indemnity for his attorney’s fees in maintaining the action or defenses thereto; provided, however, the award of attorney’s fees in personal injury cases is prohibited unless the court finds that the complaint filed or the defense is frivolous.”
1 later decision quote this exact passage · from the majority“the amount of the attorney’s fee agreed upon between attorney and client, or actually paid, is only one factor to be considered in making an award under section 541. Indeed, the relatively small allowances customarily made for attorneys’ fees in the Virgin Islands indicate that the normal award under section 541 is often only a minor fraction of what an attorney may reasonably have charged a client for the services involved in the litigation.”
1 later decision quote this exact passage · from the majoritye.g. Estien v. Christian
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.