Sosebee v. Astrue’s Empirical Analysis
494 F.3d 583 · 2007
Citation profile
10 federal appellate ·
Relationships
Applies 28 U.S.C. § 1295 · 28 U.S.C. § 171 · 28 U.S.C. § 2412
Relies on Hensley v. Eckerhart · Herman & MacLean v. Huddleston · Commissioner, Immigration & Naturalization Service v. Jean · Scarborough v. Principi · In the Matter of Douglas R Prince and Jane Princes
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The Court has carefully reviewed the record, including its own Order. While the Court did order remand, it did not make any finding in the Order that the position of the United States was not substantially justified. In fact, a review of that Order confirms Defendant’s assertion that the Court rejected several of the Plaintiffs claims of error. Even as to the point argued successfully by Plaintiff, the Court did not and does not now feel that the position taken by the Defendant Commission of Social Security was not substantially justified, especially when the entirety of Defendant’s position is considered. Accordingly, despite the reasonableness of the fees and the fact that Plaintiff was the prevailing party, Plaintiff is not entitled to fees and expenses under the Act.”
1 later decision quote this exact passage · from the majoritye.g. Stewart v. Astrue“[T]he proceeding to recover fees under the [Equal Access to Justice] Act is intended to be summary; it is not intended to duplicate in complexity a public utility commission's rate of return proceeding.”
1 later decision quote this exact passage · from the majoritye.g. Jensen v. Berryhill
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.