McCloskey v. Mueller’s Empirical Analysis
446 F.3d 262 · 2006
Citation profile
45 federal appellate · 31 district · 3 state decisions
How this case has been cited
Cited by 95 later decisions — most recently February 2025 · most notably Nisselson v. Lernout (2006), Universal Communication Systems, Inc. v. Lycos, Inc. (2007)
45 federal appellate · 31 district · 3 state decisions
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 Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics · United States v. Zannino · District of Columbia v. Carter · Sheridan v. United States · Hampton v. Hanrahan
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 95 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“An action shall not be instituted upon a claim against the United States for money damages for injury or loss of property or personal injury ... caused by the negligent or wrongful act or omission of any employee of the Government ... unless the claimant shall have first presented the claim to the appropriate Federal agency and his claim shall have been finally denied by the agency in uniting ... The failure of an agency to make the final disposition of a claim within six months after it is filed shall, at the option of the claimant any time thereafter, be deemed a final denial of the claim for purposes of this section.”
3 later decisions quote this exact passage · from the majority“obligations that are peculiar to governments or official-capacity state actors and which have no private counterpart in state law.”
2 later decisions quote this exact passage · from the majority“may affirm an order of dismissal on any basis made apparent by the record.”
2 later decisions quote this exact passage · from the majoritye.g. Monsarrat v. Newman · No. 06-1826
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.