Torres v. United States’s Empirical Analysis
621 F.2d 30 · 1980
Citation profile
18 federal appellate · 2 district ·
How this case has been cited
Cited by 26 later decisions — most recently September 2002 · most notably In Re "Agent Orange" Product Liability Litigation (1980), Hunt v. United States (1980)
18 federal appellate · 2 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. § 2675
Relies on Feres v. United States · United States v. Brown · Stencel Aero Engineering Corporation v. United States · United States v. United States Gypsum Co. · Zabala Clemente 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“discharge is incident to every soldier’s military service and constitutes the final step in his active relationship with the Army. The discharge process itself is conducted by military personnel in the course of their military duties and involves an evaluation of the soldier’s service and a classification of his status according to factors which are peculiar to the military nature of the relationship between the soldier and the government. . [T]o allow soldiers to maintain actions arising under state law for injuries allegedly stemming from discharges with which they take issue would be inconsistent with Feres, which rested in substantial part upon a finding that the “distinctly federal” character of the military relationship makes inappropriate the countenancing of FTCA actions based on injuries arising out of that relationship. 340 U.S. at 145 [ 71 S.Ct at 159 ]; Stencel Aero Engineering Corp. v. United States, 431 U.S. 666 , 671 [ 97 S.Ct. 2054 , 2057, 52 L.Ed.2d 665 ] (1977).”
2 later decisions quote this exact passage · from the majority“discipline rationale has become so wide as to deprive it of most of its meaning”
2 later decisions quote this exact passage · from the majoritye.g. Taber v. Maine · Taber v. Maine“It is axiomatic that the failure to perform an act cannot give rise to a cause of action unless there was a legal duty to act.”
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.