Gilbert v. Shalala’s Empirical Analysis
45 F.3d 1391 · 1995
Citation profile
21 federal appellate · 15 district · 1 state decisions
How this case has been cited
Cited by 61 later decisions — most recently September 2017 · most notably Boughton v. Cotter Corp. (1995), Prairie Band of Potawatomi Indians v. Pierce (2001)
21 federal appellate · 15 district · 1 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
Applies 28 U.S.C. § 1291 · 28 U.S.C. § 2412
Relies on Lujan v. Defenders of Wildlife · Simon v. Eastern Kentucky Welfare Rights Organization · Liteky v. United States · Sil-Flo, Inc. v. SFHC, Inc. · Motive Parts Warehouse v. Facet Enterprises
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 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[w]hether 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.”
5 later decisions quote this exact passage · from the majority“`fairly trace[able] to the challenged action of the defendant, and not th[e] result [of] the independent action of some third party not before the court.'”
5 later decisions quote this exact passage · from the majority“The test for substantial justification in this circuit is one of reasonableness in law and fact.”
4 later decisions quote this exact passage · from the majoritye.g. Smith v. Chater · Butler v. Chater
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.