Espino v. Besteiro’s Empirical Analysis
708 F.2d 1002 · 1983
Citation profile
32 federal appellate · 4 state decisions
How this case has been cited
Cited by 52 later decisions — most recently March 2018 · most notably Abell v. Potomac Insurance (1988), United States v. Davis (1994)
32 federal appellate · 4 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 20 U.S.C. § 1401 · 23 U.S.C. § 101 (America Fast Forward Financing Innovation Act of 2012) · 29 U.S.C. § 794 · 29 U.S.C. § 794A · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1988 · 42 U.S.C. § 4625
Relies on United Mine Workers of America v. Gibbs · Alyeska Pipeline Service Company v. Wilderness Society · Railroad Commission v. Pullman Co. · Carey v. Piphus · Ashwander v. Tennessee Valley Authority
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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[p]revailing plaintiffs 'should ordinarily recover an attorney's fee unless special circumstances would render such an award unjust.'”
2 later decisions quote this exact passage · from the majority“we must ask whether, 'as a realistic matter, the plaintiff ... has gained anything from his suit that [he] could not have obtained without litigation.' ”), citing, Coen v. Harrison County School Board, supra, 638 F.2d at 26-27 ; Robinson v. Kimbrough, supra, 652 F.2d at 465 (proper focus is “upon type of relief obtained from the defendants as a result of the lawsuit.”
1 later decision quote this exact passage · from the majority“[t]he substantiality test merely requires that the issue raised in the fee claim not be `wholly insubstantial,' `obviously frivolous,' `plainly insubstantial' or `obviously without merit.'”
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.