Fisk v. United States’s Empirical Analysis
657 F.2d 167 · 1981
Citation profile
15 federal appellate · 1 district · 4 state decisions
How this case has been cited
Cited by 25 later decisions — most recently April 2022 · most notably Ecker v. Town of West Hartford (1987), 103 Wash. 2d 344 - White v. Johns-Manville Corp. (1985)
15 federal appellate · 1 district · 4 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
Relies on Ashwander v. Tennessee Valley Authority · Feres v. United States · United States v. Kubrick · Douglas v. Alabama · American Sterilizer Co. v. Sybron Corp.
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“gave rise to two separate claims: a personal injury claim of the decedent, to which the Government was exposed for two years after it accrued, as per the Kubrick rule; and a wrongful death claim of the decedent’s survivors, to which the Government was exposed for two years after it accrued.”
2 later decisions quote this exact passage · from the majority“To hold that a claim for wrongful death somehow accrues before the date of death would place the class protected by the statute in the legally untenable position of speculating about hypothetical or potential future injuries, for the damages awarded survivors under the wrongful death act, which include funeral and burial expenses, are not identical with those available in a personal injury action to the one actually injured, and remain indeterminate until death has occurred.”
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.