Bywaters v. United States’s Empirical Analysis
670 F.3d 1221 · 2012
Citation profile
7 federal appellate · 4 district · 2 state decisions
Relationships
Applies 16 U.S.C. § 1247 · 26 U.S.C. § 7430 · 28 U.S.C. § 1295 · 28 U.S.C. § 1346 (Federal Tort Claims Act) · 35 U.S.C. § 285 · 42 U.S.C. § 1988 · 42 U.S.C. § 300A · 42 U.S.C. § 4654
Relies on Hensley v. Eckerhart · Blum v. Stenson · Johnson v. Georgia Highway Express, Inc. · Pennsylvania v. Delaware Valley Citizens' Council for Clean Air · City of Riverside v. Rivera
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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The court rendering a judgment for the plaintiff in a proceeding brought under section 1346(a)(2) or 1491 of Title 28, awarding compensation for the taking of property by a Federal agency, or the Attorney General effecting a settlement of any such proceeding, shall determine and award or allow to such plaintiff, as a part of such judgment or settlement, such sum as will in the opinion of the court or the Attorney General reimburse such plaintiff for his reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of such proceeding.”
2 later decisions quote this exact passage · from the majority“The Trails Act is designed to preserve railroad rights-of-way by converting them into recreational trails.” Bywaters v. United States, 670 F.3d 1221 , 1225 (Fed.Cir.2012).”
2 later decisions quote this exact passage · from the majority“(1) the time and labor expended; (2) the novelty and difficulty of the questions raised; (3) the skill required to properly perform the legal services rendered; (4) the attorney’s opportunity costs in pressing the instant litigation; (5) the customary fee for like work; (6) the attorney’s expectations at the outset of the litigation; (7) the time limitations imposed by the client or circumstances; (8) the amount in controversy and the results obtained; (9) the experience, reputation and ability of the attorney; (10) the undesirability of the case within the legal community in which the suit . arose; (11) the nature and length of the professional relationship between attorney and client; and (12) attorneys’ fees awards in similar cases.”
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.