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← 673 F.2d 866 - Davis v. Werne

Davis v. Werne’s Empirical Analysis

673 F.2d 866 · 1982

Citation profile

23
cited by 23 later decisions
August 2019
most recently cited

11 federal appellate · 2 district ·

How this case has been cited

Cited by 23 later decisions — most recently August 2019

11 federal appellate · 2 district ·

1001982199020002010decided

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) · 15 U.S.C. § 1632 (§ 122 of the Truth in Lending Act) · 15 U.S.C. § 1638 (§ 128 of the Truth in Lending Act) · 15 U.S.C. § 1640 (§ 130 of the Truth in Lending Act)

Relies on Otey v. Nebraska · Sellers v. Wollman · McGowan v. King, Inc. · Bone v. Hibernia Bank · Betty B. Burgess, Individually and as Administratrix of the Estate of S. Reed Burgess, Jr., Deceased v. Charlottesville Savings and Loan Association

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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “TILA is a prophylactic measure' that creates a system of “private attorneys general” to aid its enforcement. In order to penalize non-complying creditors and to deter future violations, the private attorneys general may recover the statutory penalties even if they have not sustained any actual damages or even if the creditors are guilty of only minute deviations from the requirements of [the] TILA and implementing Regulation Z.”
    1 later decision quote this exact passage · from the majority
  2. “'The statutory damages are explicitly a bonus to the successful TILA plaintiff, designed to encourage private enforcement of the Act, and a penalty against the defendant, designed to deter future violations.'”
    1 later decision quote this exact passage · from the majority
  3. “'The Truth in Lending Act is a disclosure law.... It is the obligation to disclose, not the duty of subsequent performance, towards which the Act is directed.'”
    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.