Terket v. Lund’s Empirical Analysis
623 F.2d 29 · 1980
Citation profile
72 federal appellate · 4 district · 9 state decisions
How this case has been cited
Cited by 138 later decisions — most recently March 2025 · most notably Moore v. Marketplace Restaurant, Inc. (1985), Lenard v. Argento (1983)
72 federal appellate · 4 district · 9 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 42 U.S.C. § 1988
Relies on Paul v. Davis · Browder v. Director Department of Corrections of Illinois · Richerson v. Jones · United States v. Ellison
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 138 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““the sort of reconsideration of the merits which could lead to altering the substantive judgment or in any way interfere with the pending appeal. The district court merely takes the merits into account, along with many other factors, in making a discretionary decision entirely distinct from the underlying judgment. Thus the policy against two courts treating the same issues concurrently does not require withdrawing the district court’s power to decide attorneys’ fees motions while an appeal is pending.” Terket v. Lund, supra, 623 F.2d at 34 .”
4 later decisions quote this exact passage · from the majority“■In sum, we believe the rule in Wright [v. Jackson, 522 F.2d 955 (4th Cir.1975)] is more likely to cause delay and wasted effort than prevent it. Therefore, district courts in this circuit should proceed with attorneys’ fees motions, even after an appeal is filed, as expeditiously as possible. Any party dissatisfied with the court’s ruling may then file an appeal and apply to this court for consolidation with the pending appeal of the merits.”
2 later decisions quote this exact passage · from the majority“award of attorneys' fees under Sec. 1988 is a decision distinct from the decision on the merits,”
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.