Bailey v. United States’s Empirical Analysis
623 F.3d 855 · 2010
Citation profile
3 federal appellate · 1 district · 3 state decisions
How this case has been cited
Cited by 18 later decisions (1 by the Supreme Court) — most recently March 2021
3 federal appellate · 1 district · 3 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.
Appellate journey
Relationships
Applies 28 U.S.C. § 1346 (Federal Tort Claims Act) · 28 U.S.C. § 2680
Relies on Dalehite v. United States · Berkovitz v. United States · United States v. S.A. Empresa De Viacao Aerea Rio Grandense · Indian Towing Company v. United States · Rayonier Incorporated v. United States a Arnhold
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he implementation of a government policy is shielded where the implementation itself implicates policy concerns, such as where government officials must consider competing fire-fighter safety and public safety considerations in deciding how to fight a forest fire.”
1 later decision quote this exact passage · from the majority“although an agency's decision to adopt certain safety precautions as opposed to others may be based in policy considerations, generally, 'the implementation of those precautions is not. Safety measures, once undertaken, cannot be shortchanged in the name of policy.'”
1 later decision quote this exact passage · from the majority“It is only after we determine as a matter of federal law that the discretionary function exception does not apply that we then evaluate whether the government can be held liable under the laws of the state where the act or omission took place.”
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.