481 F. Supp. 19 - Schmid v. Rumsfeld’s Empirical Analysis
1979
Citation profile
6 federal appellate ·
Relationships
Applies 10 U.S.C. § 5947 · 28 U.S.C. § 1331
Relies on Butz v. Economou · Feres v. United States · Davis v. Passman · Stencel Aero Engineering Corporation v. United States · E. I. Du Pont de Nemours & Co. v. Maloney
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Although in Feres , the Supreme Court only reviewed claims alleging negligence on the part of the military, neither the language nor the rationale of the Court’s decision indicates that the legal theory of a soldier’s claim ought to be a salient factor in determining the scope of intramilitary immunity. In explaining its holding, the court broadly provided immunity for “injuries ” which “arise out of or are in the course of activity incident to [military] service”. . . . The constitutional and intentional tort claims raised [in this case] clearly involve such injuries.”
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.