Roberts v. Harvey’s Empirical Analysis
2007
Citation profile
2 district ·
Relationships
Applies 28 U.S.C. § 2412 · 5 U.S.C. § 701
Relies on Buckhannon Board and Care Home Incs v. West Virginia Department of Health and Human Resources · Texas State Teachers Ass'n v. Garland Independent School District · Shalala v. Schaefer · Melkonyan v. Sullivan · Sullivan v. Hudson
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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In this case, plaintiff has only secured the opportunity for the AJBCMR to reconsider one of several applications for reconsideration. Nothing in the Court’s previous opinion dictates, or even suggests, that a substantive victory for plaintiff will follow from the reconsideration. See Waterman, 901 F.2d at 1123 . To the contrary, the Court’s opinion explicitly recognizes that the ABCMR may reach the exact same conclusion on remand, so long as it articulates its reasons for doing so. In short, this outcome by itself is too attenuated from the actual “benefit in the real world, outside the judicial/administrative process,” id., sought by plaintiff in filing this claim— i.e., the upgrading of his discharge status — to render him a “prevailing party” under the precedent of this Circuit.”
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.