Dechert v. Cadle Co.’s Empirical Analysis
441 F.3d 474 · 2006
Citation profile
6 federal appellate ·
Relationships
Relies on Buckhannon Board and Care Home Incs v. West Virginia Department of Health and Human Resources · Amcast Industrial Corp. v. Detrex Corp. · Crabill v. Trans Union, L.L.C. · Zagorski v. Midwest Billing Services, Inc. · King v. Illinois State Board of Elections
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The plaintiff was entitled to an award of fees and costs only if his suit could be characterized as a “successful action to enforce the foregoing liability,” 15 U.S.C. § 1692k(a)(3), meaning liability for either actual or statutory damages. The general, indeed all but invariable, rule is that to be a prevailing party and therefore entitled to an award of fees and costs, you must obtain a judgment that provides you with formal relief, such as damages, an injunction, or a declaration that you can use if necessary to obtain an injunction or damages later, or must obtain a settlement that gives you similar relief.”
1 later decision quote this exact passage · from the majority“[i]n Buckhannon [ 532 U.S. 598 , 121 S.Ct. 1835 ] the Supreme Court rejected the ‘catalyst’ theory, whereby a lawsuit that did not eventuate in any formal relief or settlement could be deemed ‘successful’ if it prompted the defendant to change his ways.” Dechert, 441 F.3d at 475 . .”
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.