Wilkinson v. United States’s Empirical Analysis
440 F.3d 970 · 2006
Citation profile
3 federal appellate · 1 district ·
Relationships
Applies 25 U.S.C. § 2202 · 25 U.S.C. § 483A · 28 U.S.C. § 1346 (Federal Tort Claims Act) · 28 U.S.C. § 2679
Relies on Lujan v. Defenders of Wildlife · Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics · Hodel v. Irving · Tyler v. Judges of the Court of Registration · Young America Corporation v. Affiliated Computer Services Inc
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[f]or obvious reasons, it has long been recognized that the surviving claims of a decedent must be pursued by a third party. At common law, a decedent’s surviving claims were prosecuted by the executor or administrator of the estate. For Indians with trust property, statutes require the Secretary of the Interior to assume that general role. The Secretary’s responsibilities in that capacity, however, include the administration of the statute that the appellees claim is unconstitutional, so that he can hardly be expected to assert appellees’ decedents’ rights to the extent that they turn on that point.”
1 later decision quote this exact passage · from the majority“[d]elays in probate proceedings prevented the[ ] property rights from vesting in the heirs of Ernest and Virginia. The BIA continued to lease the lands well after probate should have been concluded and interests should have vested in the heirs. We refuse to allow the government to delay the disposition of estates and then rely on the consequences of those delays to claim that prospective heirs lack protectable interests.”
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.