Breeden v. Weinberger’s Empirical Analysis
493 F.2d 1002 · 1974
Citation profile
40 federal appellate · 13 district ·
How this case has been cited
Cited by 96 later decisions — most recently August 2017 · most notably Taylor v. Weinberger (1975), Paone v. Schweiker (1982)
40 federal appellate · 13 district ·
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 Universal Camera Corp. v. National Labor Relations Board · Douglas v. Alabama · Cardillo US v. Liberty Mut Ins Co · Alexander v. Gardner-Denver Co. · O'Keeffe v. Smith, Hinchman & Grylls Associates, Inc.
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 96 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We recognize that the administrative law judge has the unique advantage of having heard the testimony firsthand, and ordinarily we may not disturb credibility findings that are based on a witness's demeanor. But administrative findings based on oral testimony are not sacrosanct, and if it appears that credibility determinations are based on improper or irrational criteria they cannot be sustained.”
1 later decision quote this exact passage · from the majority“otherwise provided for by Act of Congress or by these rules, a presumption imposes on the party against whom it is directed the burden of going forward with evidence, to rebut or meet the presumption, but does not shift to such party the burden of proof in the sense of the risk of nonpersuasion, which remains throughout the trial upon the party on whom it was originally cast.”
1 later decision quote this exact passage · from the majority“when `the record does not contain substantial evidence to support a decision denying coverage under the correct legal standard and when re-opening the record for more evidence would serve no purpose.'”
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.