United States Court of Appeals, Third Circuit’s Empirical Analysis
1975
Citation profile
7 district ·
How this case has been cited
Cited by 35 later decisions — most recently June 2011 · most notably Santiago v. City of Philadelphia (1977), 429 F. Supp. 848 - Jones v. McElroy (1977)
7 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 Scheuer v. Rhodes · Younger v. Harris · Edelman v. Jordan · Monroe v. Pape · O'Shea v. Littleton
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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Even if statutory authority is lacking, in the exercise of their equitable powers federal courts may award attorneys’ fees when the interest of justice so requires. Hall v. Cole, 412 U. S. 1 , 93 S.Ct. 1943 , 36 L.Ed.2d 7 .02 (1973). Although the rule is broadly stated, in application the power is generally exercised in three categories: 1. Where there has been bad faith, vexation, or oppression. In this class of cases, the punitive aspects predominate. See e. g., Newman v. Piggie Park Enterprises, 390 U.S. 400 , 88 S.Ct. 964 , 19 L.Ed.2d 1263 (1968); Monroe v. Board of Commissioners of City of Jackson, 453 F.2d 259 (6th Cir. 1972). 2. Where a common fund has been created, or closely analogous to this, where a definable class benefits from the litigation and an award enables the court to spread the expense among all who benefit. E. g., Mills v. Electric Auto-Lite Co., 396 U.S. 375 , 90 S.Ct. 616 , 24 L.Ed.2d 593 (1970). Cf. Brewer v. School Board of City of Norfolk, 456 F.2d 943 (4th Cir.), cert. denied, 406 U.S. 933 , 92 S.Ct. 1778 , 32 L.Ed.2d 136 , sub nom. 409 U.S. 892 , 93 S.Ct. 109 , 34 L.Ed.2d 149 (1972). 3. Where the private attorney general theory may have application— that is, where the litigation was instituted to vindicate a policy granted a high priority by a congressional action. See, e. g., Lee v. Southern Home Sites Corp., 444 F.2d 143 (5th Cir. 1971).” (footnotes omitted) Goode v. Rizzo, 506 F.2d 542 (3d Cir., 1974).”
2 later decisions quote this exact passage · from the majority“Respondeat superior is not applicable in its traditional sense since the defendant officials are not employers. Both subordinates and officials are employees of the governmental unit. [ Id. at 550]”
2 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.