Davis v. Nicholson’s Empirical Analysis
475 F.3d 1360 · 2007
Citation profile
6 federal appellate ·
How this case has been cited
Cited by 28 later decisions — most recently October 2024 · most notably Gurley v. Peake (2008), Thompson v. Shinseki (2012)
6 federal appellate ·
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 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 · Hewitt v. Helms · RAMCOR Services Group, Inc. v. United States · Hensley v. West
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“a court shall award to a prevailing party other than the United States fees and other expenses ... incurred by that party in a civil action ... including proceedings for judicial review of agency action, brought by or against the United States in any court having jurisdiction of that action, unless the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust.”
5 later decisions quote this exact passage · from the majority“[w]here there has been a remand to an administrative agency without a judicial finding of administrative error or a concession of such error by the agency, the default rule is that the remand is not based on administrative error for EAJA purposes.”
4 later decisions quote this exact passage · from the majority“where the plaintiff secures a remand requiring further agency proceedings because of alleged error by the agency, the plaintiff qualifies as a prevailing party (1) without regard to the outcome of the agency proceedings where there has been no retention of jurisdiction by the court, or (2) when successful in the remand proceedings where there has been a retention of jurisdiction.”
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.