Ash v. Cort’s Empirical Analysis
496 F.2d 416 · 1974
Citation profile
13 federal appellate · 3 district · 1 state decisions
How this case has been cited
Cited by 29 later decisions (1 by the Supreme Court) — most recently July 1996 · most notably Cort v. Ash (1975), Walck v. American Stock Exchange, Inc. (1982)
13 federal appellate · 3 district · 1 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.
Appellate journey
Relationships
Relies on Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics · Baker v. Carr · Bell v. Hood · Association of Data Processing Service Organizations, Inc. v. Camp · Flast v. Cohen
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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * Finding an implied cause pursuant to these criteria is not entirely an exercise in divining legislative intent. Certainly, legislative intent is relevant; where the legislature clearly has indicated its intent to grant or withhold a cause of action, implicitly or explicitly, courts will give effect to that intent. E. g., National Railroad Passenger Corp. v. National Association of Railroad Passengers, 414 U.S. 453, 458-461 , 94 S.Ct. 690 , 38 L.Ed.2d 646 (1974). Absent some reasonably clear indication of legislative attention to the possible creation of a cause of action, however, courts ascertain the policies underlying the substantive law and determine the propriety, as a means of effectuating those policies, of affording litigants a particular remedy. Bivens v. Six Unknown Named Agents, supra, 403 U.S. [388] at 395-397, 91 S.Ct. 1999 (opinion of the Court), and 402-403, n. 4, 91 S.Ct. 1999 [ 29 L.Ed.2d 619 ] (Harlan, J., concurring); Holloway v. Bristol-Meyers Corp., [ 158 U.S.App.D.C. 207 ] 485 F.2d 986, 989-999 (D.C.Cir. 1973).” (Emphasis added.) 496 F.2d at 421.”
1 later decision quote this exact passage · from the majority““ * * * This rule of statutory construction does not alter the process used to determine if a cause should be inferred in the absence of statutory language indicating legislative intent; rather, it aids the court merely in determining when legislative intent to preclude a remedy can be fairly implied.””
1 later decision quote this exact passage · from the concurrence“gift . . . of money, or anything of value . . . .”
1 later decision quote this exact passage · from the concurrence
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.