Cobell v. Kempthorne’s Empirical Analysis

Citation profile

13 federal appellate · 5 district ·

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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Nonetheless, we expect the district court to be mindful of the limits of its jurisdiction. It remains to be seen whether in preparing to do an accounting the Department takes steps so defective that they would necessarily delay rather than accelerate the ultimate provision of an adequate accounting, and the detection of such steps would fit within the court’s jurisdiction to monitor the Department’s remedying of the delay; beyond that, supervision of the Department’s conduct in preparing an accounting may well be beyond the district court’s jurisdiction.”

   1 later decision quote this exact passage · from the majority
   e.g. 532 F. Supp. 2d 37 - Cobell v. Kempthorne

2. “Just as reassignment is necessary if reasonable observers could believe that improper outside contacts influenced a judicial decision, so too is reassignment necessary if reasonable observers could believe that a judicial decision flowed from the judge's animus toward a party rather than from the judge's application of law to fact.”

   1 later decision quote this exact passage · from the dissent
   e.g. No 06-3098

3. “[W]e will reassign a case only in the exceedingly rare circumstance that a district judge's conduct is 'so extreme as to display clear inability to render fair judgment.'”

   1 later decision quote this exact passage · from the majority
   e.g. Simon v. Republic Hungary