Baird v. United States’s Empirical Analysis
653 F.2d 437 · 1981
Citation profile
13 federal appellate · 13 district · 1 state decisions
How this case has been cited
Cited by 37 later decisions — most recently September 2010 · most notably Attallah v. United States (1992), Miller v. United States (1983)
13 federal appellate · 13 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
Applies 28 U.S.C. § 1346 (Federal Tort Claims Act) · 28 U.S.C. § 2401 · 28 U.S.C. § 2409A · 28 U.S.C. § 2674 · 28 U.S.C. § 2680
Relies on William Marbury v. James Madison · Dalehite v. United States · United States v. Kubrick · Indian Towing Company v. United States · Federal Communications Commission v. Home Box Office, Inc.
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.
“(a) Any claim based upon an act or omission of an employee of the Government, exercising due care, in the execution of a statute or a regulation, whether or not such statute or regulation be valid, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused.”
8 later decisions quote this exact passage · from the majority“for injury or loss of property, or personal injury or death caused by the negligence or wrongful act or omission of any employee of the government while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred.”
1 later decision quote this exact passage · from the majority“poses a jurisdictional prerequisite to suit, which the plaintiff must ultimately meet as part of his overall burden to establish subject matter jurisdiction.”
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.