Darby v. Cisneros’s Empirical Analysis
1993
Citation profile
376 federal appellate · 234 district · 35 state decisions
How this case has been cited
Cited by 1,147 later decisions (4 by the Supreme Court) — most recently April 2025 · most notably Norton Secretary of the Interior et al. v. Southern Utah Wilderness Alliance et al. (2004), Martinez v. United States (2003)
376 federal appellate · 234 district · 35 state decisions — followed in 10 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
reviewedDarby v. Kemp (from Fourth Circuit Court of Appeals)
Relationships
Applies 12 U.S.C. § 1709 · 12 U.S.C. § 1713 · 15 U.S.C. § 717R · 5 U.S.C. § 557 (Administrative Procedure Act of 1946) · 5 U.S.C. § 701 · 5 U.S.C. § 702 · 5 U.S.C. § 704 · 5 U.S.C. § 706
Relies on Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc. · Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City · Patsy v. Board of Regents of Fla. · United States v. Detroit Timber & Lumber Co. · Bowen v. Massachusetts
Cited together with Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. · McCarthy v. Madigan · Bennett v. Spear · Abbott Laboratories v. Gardner · McKart v. United States
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 1,147 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“an appeal to 'superior agency authority' is a prerequisite to judicial review only when expressly required by statute or when an agency rule requires appeal before review and the administrative action is made inoperative pending that review.”
24 later decisions quote this exact passage · from the majority“Agency action made reviewable by statute and final agency action for which there is no other adequate remedy in a court are subject to judicial review. A preliminary, procedural, or intermediate agency action or ruling not directly reviewable is subject to review on the review of the final agency action. Except as otherwise expressly required by statute, agency action otherwise final is final for the purposes of this section whether or not there has been presented or determined an application for a declaratory order, for any form of reconsideration, or, unless the agency otherwise requires by rule and provides that the action meanwhile is inoperative, for an appeal to superior agency authority.”
23 later decisions quote this exact passage · from the majority“[a]lthough § 10(a) [5 U.S.C. § 702] provides the general right to judicial review of agency actions under the APA, § 10(c) [5 U.S.C. § 704 9 establishes when such review is available.”
14 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.