McGowan v. Williams’s Empirical Analysis
623 F.2d 1239 · 1980
Citation profile
22 federal appellate · 2 district · 1 state decisions
How this case has been cited
Cited by 37 later decisions (1 by the Supreme Court) — most recently June 2000 · most notably Gutierrez De Martinez v. Lamagno (1995), Gould v. US Department of Health & Human Services (1990)
22 federal appellate · 2 district · 1 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 Corallo v. United States · Vantrease v. United States · Steele v. United States · Henderson v. United States · Houten v. Ralls
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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[i]n a case in which the plaintiff prior to filing suit knew or had reason to know that the driver was (1) a federal employee (2) acting within the scope of his employment at the time of the accident, the requirement of § 2675 applies. The plaintiff is required to seek administrative remedies; filing in state court is not a means of avoiding this requirement. Where the driver of a motor vehicle is sued individually in state court because the plaintiff did not know and had no reason to know that the defendant was (1) a federal employee (2) on federal business at the time of the accident and the United States subsequently removes the action to federal court under Section 2679, no exhaustion of administrative remedies is required.”
1 later decision quote this exact passage · from the majority“[t]he remedy against the United States ... for injury or loss of property or personal injury or death, resulting from the operation by any employee of the Government of any motor vehicle while acting within the scope of his office or employment, shall hereafter be exclusive of any other civil action or proceeding by reason of the same subject matter against the employee or his estate whose act or omission gave rise to the claim.”
1 later decision quote this exact passage · from the majority“We do not suggest that the U.S. attorney here acted in a dilatory manner [by not removing until the six month period had elapsed]. But we do not think Congress intended to allow the United States to ‘sandbag’ plaintiffs.”
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.