365 F. Supp. 1007 - Van Teslaar v. Bender’s Empirical Analysis
1973
Citation profile
12 federal appellate · 1 district · 10 state decisions
How this case has been cited
Cited by 25 later decisions — most recently October 2002 · most notably Banks v. United States (1980), JCC, Inc. v. Commodity Futures Trading Commission (1995)
12 federal appellate · 1 district · 10 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 5 U.S.C. § 554 (Administrative Procedure Act of 1946) · 5 U.S.C. § 706
Relies on Universal Camera Corp. v. National Labor Relations Board · United States Accardi v. Shaughnessy · Douglas v. Alabama · National Labor Relations Board v. Mackay Radio & Telegraph Co. · Vitarelli v. Seaton
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]hat the APA allows substitution of examiners without a de novo proceeding only where the original examiner is unavailable and either (1) the case is not one in which the resolution of conflicting testimony requires a determination of the credibility of the witnesses or (2) if it is a case in which credibility is involved, the parties agree to proceed without a de novo administrative proceeding. 365 F.Supp. at 1012 .”
1 later decision quote this exact passage · from the majority“only if it fairly could be said that a credibility evaluation from hearing and seeing the witnesses testify was unnecessary, in the sense that a direct choice in personal credibility as between them would not have to be made or would not from the nature of the situation be capable of being of material assistance, in the attempt of the substitute examiner to arrive at the controlling facts.”
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.