Boesing v. Spiess’s Empirical Analysis
540 F.3d 886 · 2008
Citation profile
17 federal appellate · 3 district ·
How this case has been cited
Cited by 23 later decisions (1 by the Supreme Court) — most recently March 2023
17 federal appellate · 3 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
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1997E
Relies on Allen v. United States · White v. Pence · Mekdeci v. Merrell National Laboratories · William H. Walker, Jr. v. Thomas Bain · Wheeling Pittsburgh Steel Corp. v. Beelman River Terminals, Inc.
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The PLRA states that the district court “shall” apply a portion of the judgment “not to exceed 25 percent.” The term “shall” indicates that the district court must apply some percentage of the judgment to pay attorney’s fees, and the phrase “not to exceed 25 percent” clearly imposes a maximum, not a mandatory, percentage. This statute is not ambiguous. We hold that the plain language of 42 U.S.C. § 1997e(d)(2) does not require the district court to automatically apply 25 percent of the judgment to pay attorney’s fees [when the fee award exceeds 25 percent of the judgment]. Instead, the PLRA gives the district court discretion to apply a lower percentage.”
1 later decision quote this exact passage · from the majoritye.g. Parker v. Conway“A compromise verdict results when the jury, unable to agree on the issue of liability, compromises that disagreement by awarding a party inadequate damages.”
1 later decision quote this exact passage · from the majority“relevant passage is, at best, dicta because it was not necessary to the court's holding”
1 later decision 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.