Davis v. Richardson’s Empirical Analysis

Citation profile

23 federal appellate · 6 district · 2 state decisions

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

1. ““[I]n Cappadora v. Celebrezze, 356 F.2d 1, 5 (2d Cir. 1966) it was ruled that there was not an absolute conclusion from 42 U.S.C. § 405 (g) that an exercise of administrative power is wholly immune from judicial examination especially since § 10(e) of the A. P.A. expressly authorizes the courts to set aside any administrative decision constituting an abuse of discretion. As we see it that type of very limited review would not be inconsistent with the scheme of the Social Security Act, for the rule making .power so conferred is not unlimited but must be necessary and appropriate for carrying out its purposes. It is not likely that Congress would have intended to close the doors of the courts to a plaintiff where claims for benefits were unreasonably denied by truly arbitrary agency action.” 460 F.2d at 775 .”

   1 later decision quote this exact passage · from the majority
   e.g. 364 F. Supp. 740 - Feeko v. Weinberger

2. “Obviously there was no clear prejudice in the [earlier] hearing due to lack of counsel and faulty waiver since in the hearing where these handicaps were not present, the same result was necessarily reached.”

   1 later decision quote this exact passage · from the majority
   e.g. Wallace v. Weinberger