Barber v. Kimbrell'S, Inc.’s Empirical Analysis
577 F.2d 216 · 1978
Citation profile
137 federal appellate · 42 district · 24 state decisions
How this case has been cited
Cited by 482 later decisions — most recently January 2025 · most notably Spell v. McDaniel (1987), 100 Wash. 2d 581 - Bowers v. Transamerica Title Insurance (1983)
137 federal appellate · 42 district · 24 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.
Relationships
Relies on TSC Industries, Inc. v. Northway, Inc. · Hutto v. Finney · Johnson v. Georgia Highway Express, Inc. · Lorillard v. Pons · Curtis v. Loether
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 482 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) the time and labor expended; (2) the novelty and difficulty of the questions raised; (3) the skill required to properly perform the legal services rendered; (4) the attorney’s opportunity costs in pressing the instant litigation; (5) the customary fee for like work; (6) the attorney’s expectations at the outset of the litigation; (7) the time limitations imposed by the client or circumstances; (8) the amount in controversy and the results obtained; (9) the experience, reputation and ability of the attorney; (10) the undesirability of the case within the legal community in which the suit arose; (11) the nature and length of the professional relationship between attorney and client; and (12) attorneys’ fees awards in similar cases.”
103 later decisions quote this exact passage · from the majority“' Lea v. Cone Mills Corp. , 467 F.2d 277 , 279 (4th Cir. 1972) quoting United States v. Anglin Stevenson , 145 F.2d 622 , 630 (10th Cir. 1944) cert. denied, 324 U.S. 844 , 65 S.Ct. 678 , 89 L.Ed. 1405 .”
11 later decisions quote this exact passage · from the majority““The Seventh Amendment does apply to actions enforcing statutory rights, and requires a jury trial upon demand, if the statute creates legal rights and remedies, enforceable in an action for damages in the ordinary courts of law. * * * * * H« We think it clear that a damages action under § 812 is an action to enforce ‘legal rights’ within the meaning of our Seventh Amendment decisions. [citing cases]... We need not, and do not, go so far as to say that any award of monetary relief must necessarily be ‘legal’ relief [citing cases]. A comparison of Title VIII with Title VII of the Civil Rights Act of 1964, where the courts of appeals have held that jury trial is not required in an action for reinstatement and backpay, is instructive, although we of course express no view on the jury trial issue in that context. 2 In Title VII cases the courts of appeals have characterized backpay as an integral part of an equitable remedy, a form of restitution. But the statutory language on which this characterization is based— ‘[T]he court may enjoin the respondent from engaging in such unlawful employment practice, and order such affirmative action as may be appropriate, which may include, but is not limited to, reinstatement or hiring of employees, with or without back pay ..., or any other equitable relief as the court deems appropriate, 42 U.S.C. § 2000e-5(g) (1970 ed., Supp. II)— contrasts sharply with § 812’s simple authorization of an action for actual and punitive damages. In Title VI”
2 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.