Busche v. Burkee’s Empirical Analysis
649 F.2d 509 · 1981
Citation profile
81 federal appellate · 9 district · 7 state decisions
How this case has been cited
Cited by 134 later decisions (1 by the Supreme Court) — most recently January 2014 · most notably Hensley v. Eckerhart (1983), Mary Beth v. City of Chicago Tikalsky (1983)
81 federal appellate · 9 district · 7 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 United States v. United States Gypsum Co. · Wolff v. McDonnell · Carey v. Piphus · Yick Wo v. Hopkins · Greenholtz v. Inmates of Nebraska Penal and Correctional Complex
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 134 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'The allowance of such damages inherently involves an evaluation of the nature of the conduct in question, the wisdom of some form of pecuniary punishment, and the advisability of a deterrent. Therefore, the infliction of such damages, and the amount thereof when inflicted, are of necessity within the discretion of the trier of fact.'”
3 later decisions quote this exact passage · from the majority““ * * * Indeed, such a requirement would ‘stifle the presentation of innovative causes of action and would force courts to rule on every issue in a case, even if its rulings would be redundant.’ Ohland v. City of Montpelier, 467 F.Supp. 324, 349 (D.Vt.1979). We note with ap proval the definition of prevailing party set forth by the First Circuit Court of Appeals in Nadeau v. Helgemoe, 581 F.2d 275, 278 (1st Cir. 1978): ‘plaintiffs may be considered “prevailing parties” for attorney’s fees purposes if they succeed on any significant issue in litigation which achieves some of the benefit the parties sought in bringing suit.’ ” Busche v. Burkee, 649 F.2d 509 at 521 (7th Cir. 1981).”
2 later decisions quote this exact passage · from the majority“(a)lthough essentially subjective, genuine injury in this respect (mental suffering or emotional anguish) may be evidenced by one's conduct and observed by others.”
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.