Mercer v. Birchman’s Empirical Analysis
700 F.2d 828 · 1983
Citation profile
7 federal appellate · 4 district ·
How this case has been cited
Cited by 28 later decisions — most recently January 2011 · most notably City of New York v. Heckler (1984), Abbey v. Sullivan (1992)
7 federal appellate · 4 district ·
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. § 1331 · 28 U.S.C. § 1361 · 42 U.S.C. § 1395 (§ 1801 of the Social Security Act of 1935) · 42 U.S.C. § 1395F (§ 1814 of the Social Security Act of 1935) · 42 U.S.C. § 405 (§ 205 of the Social Security Act of 1935) · 42 U.S.C. § 416 (§ 216 of the Social Security Act of 1935) · 42 U.S.C. § 423 (§ 223 of the Social Security Act of 1935) · 5 U.S.C. § 701
Relies on Mathews v. Eldridge · Richardson v. Perales · Goldberg v. Kelly · Califano v. Sanders · Weinberger v. Salfi
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[n]o question of statutory validity as in Salfi , no attack on the Secretary’s prescribed regulations as in Eldridge , no conflict between the established procedures of cooperating agencies as in Ellis v. Blum [ 643 F.2d 68 (2d Cir.1981)] renders] illusory the prospect of an administrative remedy for the wrongs these plaintiffs allege so as to justify resort to the courts before exhaustion.”
2 later decisions quote this exact passage · from the majority“The findings and decision of the Secretary after a hearing shall be binding upon all individuals who were parties to such hearing. No findings of fact or decision of the Secretary shall be reviewed by any person, tribunal, or governmental agency except as herein provided. No action against the United States, the Secretary, or any officer or employee thereof shall be brought under section 1331 or 1346 of Title 28 to recover on any claim arising under this subchapter.”
1 later decision quote this exact passage · from the majority“what effect a judgment ... could have on entirely different claims of other persons ... or what benefit a successful defendant could draw from it.”
1 later decision quote this exact passage · from the majoritye.g. Smith v. Schweiker
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.