United States v. Burke’s Empirical Analysis
1992
Citation profile
331 federal appellate · 62 district · 64 state decisions
How this case has been cited
Cited by 1,265 later decisions (20 by the Supreme Court) — most recently May 2026 · most notably Landgraf v. USI Film Products (1994), Doggett v. United States (1992)
331 federal appellate · 62 district · 64 state decisions — followed in 16 states
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
reviewedBurke v. United States (from Sixth Circuit Court of Appeals)
Relationships
Applies 26 U.S.C. § 104 · 26 U.S.C. § 3101 (Federal Insurance Contributions Act) · 26 U.S.C. § 61 (Payment-in-Kind Tax Treatment Act of 1983) · 29 U.S.C. § 160 (§ 10 of the National Labor Relations Act) · 42 U.S.C. § 1981 (Civil Rights Act of 1866) · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 2000E (§ 703 of the Title VII of the Civil Rights Act of 1964) · 42 U.S.C. § 3613 (§ 813 of the Fair Housing Act (Title VIII, Civil Rights Act of 1968))
Relies on Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. · Motor Vehicle Manufacturers Association of United States Inc v. State Farm Mutual Automobile Insurance Company Consumer Alert · Hishon v. King & Spalding · Meritor Savings Bank, FSB v. Vinson · Gertz v. Robert Welch, Inc.
Cited together with Commissioner of Internal Revenue v. E Schleier B · Commissioner of Internal Revenue v. Glenshaw Glass Company · Welch v. Helvering · O'Gilvie v. United States · Albemarle Paper Co. v. Moody
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 1,265 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“the amount of any damages (other than punitive damages) received (whether by suit or agreement and whether as lump sums or as periodic payments) on account of personal physical injuries or physical sickness”
58 later decisions quote this exact passage · from the majority“through prosecution of a legal suit or action based upon tort or tort type rights, or through a settlement agreement entered into in lieu of such prosecution.”
33 later decisions quote this exact passage · from the majority“'civil wrong, other than breach of contract, for which the court will provide a remedy in the form of an action for damages.'”
18 later decisions 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.