Brock v. United States’s Empirical Analysis
601 F.2d 976 · 1979
Citation profile
5 federal appellate · 8 district ·
How this case has been cited
Cited by 16 later decisions — most recently April 2010
5 federal appellate · 8 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. § 1346 (Federal Tort Claims Act) · 33 U.S.C. § 921
Relies on Richards v. United States · Hess v. United States · Christ Nielsen v. State of Oregon · Ira S. Bushey & Sons, Inc. v. United States · Wedding v. Metler
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The plaintiffs also contend that since a private person could be sued in Oregon court for negligence occurring within Washington’s territorial limits, under § 1346(b) the United States should be treated likewise. This argument misconstrues the provision. The statute provides that “[t]he government shall be hable ... if a private person would be liable to the claimant in accordance with the law of the place where the act or omission occurred.” It is only after “the place” has been determined that the government shall become liable as a private claimant would become liable under that state’s law.”
1 later decision quote this exact passage · from the majority“refers to locality rather than jurisdiction. Brock involved an accident at a dam that spanned the Columbia River between Washington and Oregon. The government's alleged negligence occurred in Washington, but it was urged that Oregon had jurisdiction of the area where the negligence occurred, under a federal statute that gave Washington and Oregon concurrent jurisdiction over the Columbia River. The Ninth Circuit rejected the view that”
1 later decision quote this exact passage · from the majority“[i]t is only after `the place' has been determined that the government shall become liable as a private claimant would become liable under that state's law.”
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.