Kirchberg v. Feenstra’s Empirical Analysis
708 F.2d 991 · 1983
Citation profile
25 federal appellate · 9 state decisions
How this case has been cited
Cited by 51 later decisions — most recently December 2018 · most notably Cobb v. Miller (1987), Cruz v. Wb Hauck (1985)
25 federal appellate · 9 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 15 U.S.C. § 1635 (§ 125 of the Truth in Lending Act) · 28 U.S.C. § 1331 · 28 U.S.C. § 2201 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1988
Relies on Conley v. Gibson · Alyeska Pipeline Service Company v. Wilderness Society · Christiansburg Garment Co. v. Equal Employment Opportunity Commission · Roadway Express, Inc. v. Piper · Hutto v. Finney
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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“should ordinarily recover an attorney's fee unless special circumstances would render such an award unjust.”
4 later decisions quote this exact passage · from the majoritye.g. Cruz v. Wb Hauck · Cobb v. Miller“... In any action or proceeding to enforce a provision of sections 1981, 1982, 1983, 1985, and 1986 of this title, title IX of Public Law 92-318, or title VI of the Civil Rights Act of 1964, the court in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs. [Emphasis added.]”
2 later decisions quote this exact passage · from the majority“absent special circumstances, a prevailing plaintiff should be awarded section 1988 fees as a matter of course.”
2 later decisions 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.