Dougherty v. Lehman’s Empirical Analysis

Citation profile

55 federal appellate · 11 district ·

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

1. “Except as otherwise specifically provided by statute, a court shall award to a prevailing party other than the United States fees and other expenses, in addition to any costs awarded pursuant to subsection (a), incurred by that party in any civil action (other than cases sounding in tort) brought by or against the United States in any court having jurisdiction of that action, unless the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust.”

   15 later decisions quote this exact passage · from the majority
   e.g. Westerman, Inc. v. National Labor Relations Board · United States v. Kungys

2. “First, ... that there is a reasonable basis in truth for the facts alleged ... Second ... that there exists a reasonable basis in law for the theory which it propounds ... Finally, that the facts alleged will reasonably support the legal theory advanced.”

   14 later decisions quote this exact passage · from the majority
   e.g. Matter v. Bowen · United States v. Kungys

3. “The test of whether or not a Government action is substantially justified is essentially one of reasonableness. Where the Government can show that its case had a reasonable basis both in law and fact, no award will be made.”

   4 later decisions quote this exact passage · from the majority
   e.g. Howard v. Heckler · Vernice Dubose, Susan Daigle, Individually and on Behalf of All Others Similarly Situated, Connecticut Legal Services, Inc., San Fernando Valley Neighborhood Legal Services, Appellees-Cross-Appellants v. Samuel R. Pierce, Jr., Individually and in His Official Capacity as Secretary of the U.S. Department of Housing and Urban Development Windham Heights Associates, a Limited Partnership Anthony Associates, a General Partnership and Simon Konover, Individually and in His Official Capacity as a General Partner in Windham Heights Associates and Anthony Associates, Samuel R. Pierce, Jr., Individually and in His Official Capacity as Secretary of the U.S. Department of Housing and Urban Development, Defendant-Appellant- Cross-Appellee. Claudia Walter and Dominick Cortese, Individually and on Behalf of All Other Persons Similarly Situated, Connecticut Legal Services, Inc., San Fernando Valley Neighborhood Legal Services, Appellees-Cross-Appellants v. Samuel R. Pierce, Jr., Individually and in His Official Capacity as Secretary of the U.S. Department of Housing and Urban Development Carabetta Enterprises, Inc., a Corporation Organized and Existing Under the Laws of the State of Connecticut, Located in the Town of Meriden, County of New Haven, State of Connecticut, Samuel R. Pierce, Jr., Individually and in His Official Capacity as Secretary of the U.S. Department of Housing and Urban Development, Defendant-Appellant- Cross-Appellee. Janette Little, Individually and on Behalf of All Others Similarly Situated, Connecticut Legal Services, Inc., San Fernando Valley Neighborhood Legal Services, Appellees-Cross-Appellants v. Samuel R. Pierce, Jr., Individually and in His Official Capacity as Secretary of the U.S. Department of Housing and Urban Development Richard Brown, Individually and in His Capacity as Part-Owner of East Hartford Estates Oak Management Co., Inc., a Connecticut Corporation Louis Brown, Individually and in His Capacity as Part-Owner of East Hartford Estates, Samuel R. Pierce, Jr., Individually and in His Official Capacity as Secretary of the U.S. Department of Housing and Urban Development, Defendant-Appellant- Cross-Appellee. May Pleasant, Individually and on Behalf of Others Similarly Situated, Connecticut Legal Services, Inc., San Fernando Valley Neighborhood Legal Services, Appellees-Cross-Appellants v. Samuel R. Pierce, Jr., Secretary of the U.S. Department of Housing and Urban Development Tuscan Brotherhood Homes, Inc., a Connecticut Corporation, Samuel R. Pierce, Jr., Secretary of the U.S. Department of Housing and Urban Development, Defendant-Appellant-Cross-Appellee. Pantaleon Morales, Ylda Ladson and Margaret Williams, Individually and on Behalf of Those Similarly Situated, Connecticut Legal Services, Inc., San Fernando Valley Neighborhood Legal Services, Appellees-Cross-Appellants v. Samuel R. Pierce, Jr., Individually and in His Capacity as Secretary of the U.S. Department of Housing and Urban Development William H. Hernandez, Jr., Individually and in His Capacity as Manager for Connecticut for the U.S. Department of Housing and Urban Development Canterbury Gardens Cooperative, Inc. And Ripps Realty, Inc., Samuel R. Pierce, Jr., Individually and in His Capacity as Secretary of the U.S. Department of Housing and Urban Development William H. Hernandez, Jr., Individually and in His Capacity as Manager for Connecticut for the U.S. Department of Housing and Urban Development, Defendants-Appellants-Cross- Cathy Adams, Sheila Caqette, Barbara Littlejohn and Hazel French, Individually and on Behalf of All Others Similarly Situated, Connecticut Legal Services, Inc., San Fernando Valley Neighborhood Legal Services, Appellees-Cross-Appellants v. Samuel R. Pierce, Jr., Individually and in His Official Capacity as Secretary of the U.S. Department of Housing and Urban Development Branford Manor Associates, Bay Management Corporation, Marvin S. Gold, Annette E.P. Gold, Milton A. Bernblum, John J. Groves, and Burton Levy, Individually and as General Partners in Branford Manor Associates, Samuel R. Pierce, Jr., Individually and in His Official Capacity as Secretary of the U.S. Department of Housing and Urban Development, Defendant-Appellant- Cross-Appellee. Merry Ellen Grundman, Individually and on Behalf of All Others Similarly Situated, Connecticut Legal Services, Inc., San Fernando Valley Neighborhood Legal Services, Appellees-Cross-Appellants v. Samuel R. Pierce, Jr., Individually and in His Capacity as Secretary of the U.S. Department of Housing and Urban Development John Errichett, Individually and in His Capacity as Owner of Highwood Apartments Creative Management & Realty, a Connecticut Corporation, Samuel R. Pierce, Jr., Individually and in His Capacity as Secretary of the U.S. Department of Housing and Urban Development, Defendant-Appellant-Cross- Joann Johnson and Frank Jackson, Individually and on Behalf of All Others Similarly Situated, Connecticut Legal Services, Inc., San Fernando Valley Neighborhood Legal Services, Appellees-Cross-Appellants v. Samuel R. Pierce, Jr., Individually and in His Capacity as Secretary, U.S. Department of Housing and Urban Development William H. Hernandez, Jr., Individually and in His Capacity as Manager for Connecticut for the U.S. Department of Housing and Urban Development and Ripps Realty, Inc., Samuel R. Pierce, Jr., Individually and in His Capacity as Secretary, U.S. Department of Housing and Urban Development William H. Hernandez, Jr., Individually and in His Capacity as Manager for Connecticut for the U.S. Department of Housing and Urban Development, Defendants-Appellants-Cross