Irving v. United States’s Empirical Analysis
49 F.3d 830 · 1995
Citation profile
14 federal appellate · 3 district · 2 state decisions
How this case has been cited
Cited by 20 later decisions — most recently June 2023
14 federal appellate · 3 district · 2 state decisions
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
Applies 28 U.S.C. § 2680
Relies on Anderson v. City of Bessemer City · United States v. United States Gypsum Co. · United States v. Gaubert · Berkovitz v. United States · United States v. S.A. Empresa De Viacao Aerea Rio Grandense
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he applicability of the discretionary function exception [cannot] be decided without findings as to whether OSHA policy left the thoroughness of inspections a matter of choice for individual inspectors, and whether the inspectors had policy-level discretion to fail to note and tell the employer about the violation which allegedly caused plaintiffs injuries.”
1 later decision quote this exact passage · from the majority“[I]n a multi-panel circuit, newly constituted panels, generally speaking, are bound by prior decisions on point.”
1 later decision quote this exact passage · from the majority“fundamentally misconstrued the testimony upon which it explicitly and exclusively relied”
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.