Miller v. Wright’s Empirical Analysis
705 F.3d 919 · 2012
Citation profile
5 federal appellate · 4 district ·
Relationships
Applies 15 U.S.C. § 1 (§ 1 of the Sherman Antitrust Act) · 15 U.S.C. § 12 (§ 1 of the Clayton Antitrust Act of 1914) · 28 U.S.C. § 1291
Relies on Parker v. Brown · Washington v. Confederated Tribes of the Colville Indian Reservation · C & L Enterprises Inc. v. Citizen Band Potawatomi Indian Tribe of Oklahoma · Thompson v. Greenwood · Jefferson County Pharmaceutical Ass'n, Inc. v. Abbott Laboratories
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Under the RCRA, citizens are permitted to bring compliance suits "against any person (including (a) the United States, and (b) any other governmental instrumentality or agency) who is alleged to be in violation." 42 U.S.C. § 6972 (a)(1)(A). "Person" is subsequently defined to include municipalities. 42 U.S.C. § 6903 (15). Municipalities include "an Indian tribe or authorized tribal organization." 42 U.S.C. § 6903 (13)(A). It thus seems clear that the text and history of the RCRA clearly indicates congressional intent to abrogate the Tribe's sovereign immunity with respect to violations of the RCRA.”
1 later decision quote this exact passage · from the majority“corporations and associations existing under or authorized by the laws of either the United States, the laws of any of the Territories, the laws of any State, or the laws of any foreign country.”
1 later decision quote this exact passage · from the majority“Unlike these laws, federal antitrust law does not 'unequivocally express[ ] in explicit legislation' that it abrogates tribal sovereign immunity.”
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.