Jones v. Brown’s Empirical Analysis
41 F.3d 634 · 1994
Citation profile
7 federal appellate ·
How this case has been cited
Cited by 70 later decisions — most recently April 2016 · most notably Scarborough v. Principi (2001), Robinette v. Brown (1995)
7 federal appellate ·
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 28 U.S.C. § 2412 · 38 U.S.C. § 7292
Relies on Consumer Product Safety Commission v. GTE Sylvania, Inc. · United States v. Kubrick · United States v. King · Patterson v. Shumate · Commissioner, Immigration & Naturalization Service v. Jean
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 70 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The EAJA renders the United States liable for attorney's fees for which it would not otherwise be liable, and thus amounts to a partial waiver of sovereign immunity.”
2 later decisions quote this exact passage · from the majority“must be strictly construed in favor of the United States,”
2 later decisions quote this exact passage · from the majority“(d)(1)(A) Except as otherwise specifically provided by statute, a court shall award to a prevailing party other than the United States fees and other expenses ... incurred by that party in any civil action ..., including proceedings for judicial review of agency action, brought by or against the United States in any court having jurisdiction of that action, unless the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust. (B) A party seeking an award of fees and other expenses shall, within thirty days of final judgment in the action, submit to the court an application for fees and other expenses which shows that the party is a prevailing party and is eligible to receive an award ... and the amount sought, including an itemized statement. ... The party shall also allege that the position of the United States was not substantially justified. Whether or not the position of the United States was substantially justified shall be determined on the basis of the record (including the record with respect to the action or failure to act by the agency upon which the civil action is based) which is made in the civil action for which fees and other expenses are sought. [[Image here]] (2) For the purposes of this subsection— [[Image here]] (D) “position of the United States” means, in addition to the position taken by the United States in the civil action, the action or failure to act by the agency upon which the ”
1 later decision quote this exact passage · from the majoritye.g. Felton v. Brown
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.