Cummings v. Connell’s Empirical Analysis
402 F.3d 936 · 2005
Citation profile
13 federal appellate · 3 district · 4 state decisions
Relationships
Applies 28 U.S.C. § 2072 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1988
Relies on Hensley v. Eckerhart · General Telephone Co. of Southwest v. Falcon · Carey v. Piphus · Farrar v. Hobby · Califano v. Yamasaki
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Absent a statutory provision to the contrary, a request for attorneys fees, including a request for attorneys fees and expenses in administrative agency adjudications under 28 U.S.C. § 2412 (d)(3), shall be filed with the Clerk, with proof of service, within 14 days from the expiration of the period within which a petition for rehearing or suggestion for rehearing en banc may be filed. If a timely petition for rehearing or a suggestion for rehearing en banc is filed, a request for attorneys fees shall be filed within 14 days after the court’s disposition of such petition or suggestion. The request must be filed separately from any cost bill.”
1 later decision quote this exact passage · from the majority“[plaintiffs’ application for attorneys’ fees and expenses incurred on appeal in Cummings I should have been filed with the Clerk of the Ninth Circuit. Ninth Circuit Rule 39-1.8 authorizes us to transfer a timely-filed fees-on-appeal request to the district court for consideration, but the decision to permit the district court to handle the matter rests with the court of appeals. In the absence of such a transfer, the district court was not authorized to rule on the request for appellate attorney’s fees.”
1 later decision quote this exact passage · from the majoritye.g. Yamada v. Snipes“Any party who is or may be eligible for attorneys fees on appeal to this Court may, within the time permitted in Circuit Rule 39-1.6, file a motion to transfer consideration of attorneys fees on appeal to the district court or administrative agency from which the appeal was taken.”
1 later decision quote this exact passage · from the majoritye.g. Orn v. Astrue
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.