545 F. Supp. 53 - Fitzgerald v. Hampton’s Empirical Analysis
1982
Citation profile
8 federal appellate · 6 district ·
How this case has been cited
Cited by 28 later decisions — most recently April 2010 · most notably Spencer v. National Labor Relations Board (1983), United States v. Boxes of Boned Beef Weighing Approximately Pounds (1984)
8 federal appellate · 6 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 28 U.S.C. § 2412
Relies on Alyeska Pipeline Service Company v. Wilderness Society · Bradley v. School Board of City of Richmond · F. D. Rich Co. v. United States Ex Rel. Industrial Lumber Co. · Vaughan v. Atkinson · In re Disbarment of Allison
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“a party, confronted with a clear statutory or judicially-imposed duty towards another, is so recalcitrant in performing that duty that the injured party is forced to undertake otherwise unnecessary litigation to vindicate plain legal rights.”
4 later decisions quote this exact passage · from the majority“[t]he United States ... liable for [attorneys'] fees and expenses to the same extent that any other party would be liable under the common law or under the terms of any statute which specifically provides for such an award.”
4 later decisions quote this exact passage · from the majority“Except as otherwise specifically provided by statute, a court shall award to a prevailing party other than the United States fees and other expenses, in addition to any costs awarded pursuant to [§ 2412(a)], incurred by that party in any civil action (other than cases sounding in tort) brought by or against the United States in any court having jurisdiction of that action, unless the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust.”
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.