Impresa Construzioni Geom. Domenico Garufi v. United States’s Empirical Analysis

Citation profile

1 federal appellate ·

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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “at least where the order of dismissal does not specifically prohibit appeal.”

   2 later decisions quote this exact passage · from the majority
   e.g. Bly v. Shulkin · 27 Vet. App. 341 - Carroll B. Westfall v. Robert A. McDonald

2. “Precedent weighs against creating a special category for voluntary dismissals in cases originating in the Court of Federal Claims, whereby it would be necessary to determine whether a petition for certiorari can be filed or might be granted, in order to calculate the period for filing an application under the EAJA. Taking cognizance of rulings of the Court and the regional circuits, we conclude that a clear rule better serves the interests of litigants and the courts, rather than encouraging, as here, satellite litigation on ‘functional’ premises, adding cost and delay while not yet reaching the merits. We adopt a uniform rule for EAJA petitions in the Court of Federal Claims, whereby appeal rights from voluntary dismissals are presumed unless expressly disclaimed or specifically prohibited.”

   1 later decision quote this exact passage · from the majority
   e.g. 22 Vet. App. 367 - Robert J. Kiddey v. Eric K. Shinseki

3. “uniform rule whereby the time for filing an EAJA request would run from the expiration of the time for appeal, without consideration of whether the particular final judgment would have or could have been appealed.”

   1 later decision quote this exact passage · from the majority
   e.g. Bly v. Shulkin