Gardner v. Brian’s Empirical Analysis
369 F.2d 443 · 1966
Citation profile
21 federal appellate · 16 district ·
How this case has been cited
Cited by 47 later decisions — most recently June 1995 · most notably Sayers v. Gardner (1967), Floyd v. Finch (1971)
21 federal appellate · 16 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 Universal Camera Corp. v. National Labor Relations Board · Udall v. Tallman · National Labor Relations Board v. Brown · Illinois Power Co. v. Local Union No. 51, International Brotherhood of Electrical Workers · Underwood v. Ribicoff
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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“This is not to say that the Secretary has the “duty of finding a specific employer for a specific job”. It does mean that “once the claimant has shown inability to perform his usual vocation, the burden falls upon the Secretary to show the [reasonable] availability of suitable positions.” Haley v. Celebrezze, 10th Cir., 351 F.2d 516 . This burden is not met by the production of a catalog of the nation’s industrial occupations and proof that the claimant would be capable of performing one or more of the enumerated occupations if available. The Secretary must show reasonable availability and the claimant is not required to negative his capacity to do every possible job in the catalog.”
1 later decision quote this exact passage““ * * * reviewing courts are * * * charged with the duty to construe legislation in the light of ascertained Congressional policy. They are not obliged to stand aside and rubber-stamp their affirmance of administrative decisions that they deem inconsistent with a statutory mandate or that frustrate the congressional policy underlying a statute.””
1 later decision quote this exact passage“inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or to be of long-continued and indefinite duration”
1 later decision quote this exact passagee.g. McMillin v. Gardner
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.