Foster v. Boorstin’s Empirical Analysis
561 F.2d 340 · 1977
Citation profile
41 federal appellate · 17 district · 2 state decisions
How this case has been cited
Cited by 95 later decisions (2 by the Supreme Court) — most recently October 2011 · most notably New York Gaslight Club, Inc. v. Carey (1980), Cox v. United States Department of Justice (1979)
41 federal appellate · 17 district · 2 state decisions
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 Gilbert A. Cuneo v. Donald H. Rumsfeld · Nationwide Building Maintenance, Inc. v. Sampson · Parker v. Califano · Parker v. Matthews
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 95 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In any action or proceeding under this subchapter (Title VII) the court, in its discretion, may allow the prevailing party, other than the Commission or the United States, a reasonable attorney's fee as part of the cost, and the Commission and the United States shall be liable for costs the same as a private person.”
3 later decisions quote this exact passage · from the majority“the complainant has substantially prevailed”
2 later decisions quote this exact passage · from the majority“[i]f the government could avoid liability for fees merely by conceding the cases before final judgment, the impact of the fee provision would be greatly reduced. The government would remain free to assert boilerplate defenses, and private parties who served the public interest by enforcing the Act’s mandates would be deprived of compensation for the undertaking. Thus, a general bar to awards of fees in cases resolved before final judgment cannot be accepted by the court.”
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.