McGowan v. King, Inc.’s Empirical Analysis
661 F.2d 48 · 1981
Citation profile
15 federal appellate · 1 district · 11 state decisions
How this case has been cited
Cited by 34 later decisions — most recently June 2017 · most notably Copper Liquor, Inc. v. Adolph Coors Co. (1982), Leroy v. City of Houston (1990)
15 federal appellate · 1 district · 11 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 15 U.S.C. § 1601 (§ 102 of the Truth in Lending Act)
Relies on Johnson v. Georgia Highway Express, Inc. · United States v. Hougham · Smith v. Chapman · McGowan v. King, Inc. · Gerasta v. Hibernia National Bank
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The borrower's counsel did not inflate this small case into a large one; its protraction resulted from the stalwart defense. And although defendants are not required to yield an inch or to pay a dime not due, they may by militant resistance increase the exertions required of their opponents and thus, if unsuccessful, be required to bear that cost.”
2 later decisions quote this exact passage · from the majority““Time alone is not the measure for a counsel’s fees. If counsel is, like the taxi driver who takes a circuitous route, imbued with hope of being rewarded with a fee measured only by the meter reading at the end of the journey, the statutory grant of attorneys fees would become a bounty for crafty lawyers.... Time must, however, be recognized else opposing counsel might make every case unrewarding by requiring maximum exertion and thus effectively present effectuation of one of the purposes of statutes authorizing the award of attorneys fees: to enable the litigant to gain the services of counsel.””
1 later decision quote this exact passage · from the majority“The adequacy of an award of attorney's fees, like many other decisions that cannot be made with formulaic precision, rests on the sound discretion of the trial judge. We do not make this precept mere cant by petty interference with the exercise of that discretion. When, however, the trial judge's decision so far transgresses the bounds of informed judgment as to be manifestly unsound, we are compelled reluctantly to substitute our judgment for his.”
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.