Gardner v. Wilcox’s Empirical Analysis
370 F.2d 492 · 1966
Citation profile
17 federal appellate · 3 district ·
How this case has been cited
Cited by 34 later decisions — most recently March 1995 · most notably Green v. Shalala (1995), Waters v. Gardner (1971)
17 federal appellate · 3 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 Secretary of Health, Education & Welfare of the United States v. Meza
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Although the Secretary has come forward with an explanation it still remains for the hearing examiner to choose between the alternative probabilities of life or death in the light of all the known facts. The balancing of probabilities and likelihoods is his essential fact-finding function. * * * Consideration must be given, among other factors, to the absentee’s age and health, the presence or lack of stability in character, the extent and strength of family ties . . .” “We would agree with the Secretary that when, upon such consideration, a determination is made that an explanation exists, and further that in the light of such explanation life is more probable than death, it is not for the courts to substitute their judgment . . .””
4 later decisions quote this exact passage · from the majority““Any individual, after any final decision of the Secretary * * * may obtain a review of such decision by a civil action * * ••. The findings of the Secretary as to any fact, if supported by substantial evidence, shall be conclusive * *”
2 later decisions quote this exact passage · from the majority“[t]he burden of explanation then shifts to the Secretary, and the presumption can be dissipated 'by proof of facts that rationally explain the anomaly of the disappearance in a manner consistent with continued life.”
2 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.