Smith v. United States’s Empirical Analysis
587 F.2d 1013 · 1978
Citation profile
23 federal appellate · 8 district · 5 state decisions
How this case has been cited
Cited by 50 later decisions — most recently July 2016 · most notably Maxfield v. Sinclair International (1985), Craig v. Y & Y Snacks, Inc. (1983)
23 federal appellate · 8 district · 5 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
Applies 28 U.S.C. § 1346 (Federal Tort Claims Act) · 28 U.S.C. § 2674 · 42 U.S.C. § 401 (§ 201 of the Social Security Act of 1935)
Relies on Richards v. United States · Nations v. Morris · United States v. Harue Hayashi · United States v. Price · Feeley v. United States
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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[Wjhere state law recognizes the “collateral source” doctrine, Social Security benefits should not be deducted from a recovery under the Federal Tort Claims Act. FTCA recoveries come out of the general revenues; Social Security benefits are funded almost entirely from employee and employer contributions. 13”
2 later decisions quote this exact passage · from the majority“Nevertheless, we are constrained to note our disagreement with the Tenth Circuit in Steckler, ... and decline therefore to adopt its approach. We believe that the government’s payments are so minimal and so difficult to trace that such an approach would be impractical.”
2 later decisions quote this exact passage · from the majority““To allow the plaintiff to recover for this item in his damages would not only result in a double recovery for him, but also a double payment out of the general treasury by the United States.””
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.