Berman v. Schweiker’s Empirical Analysis
713 F.2d 1290 · 1983
Citation profile
36 federal appellate · 13 district · 3 state decisions
How this case has been cited
Cited by 105 later decisions — most recently June 2011 · most notably Jean v. Nelson (1988), Cornella v. Schweiker (1984)
36 federal appellate · 13 district · 3 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 28 U.S.C. § 2412
Relies on Hensley v. Eckerhart · Alyeska Pipeline Service Company v. Wilderness Society · United States v. Sherwood · Bradley v. School Board of City of Richmond · United States v. Mitchell
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 105 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The EAJA was enacted largely to encourage individuals and small businesses to litigate against the government adverse determinations in administrative proceedings and civil actions, regardless of the cost of such litigation. In view of the traditional American Rule regarding attorneys’ fees, however, Congress concluded that, if it were to facilitate a prevailing private party’s obtaining reimbursement for his or her legal expenses, then individuals and small businesses would be less likely to be deterred from challenging government action due to the high cost of civil litigation____ The EAJA also has a parallel objective of deterring the government from pursuing litigation—either in initiating it or defending against it—when the government’s position is not substantially justified. According to House Report 1418, the prevailing bill—S. 265—“rests on the premise that a party who chooses to litigate an issue against the Government is not only representing his or her own vested interest but is also refining and formulating public policy.” H.R.Rep. No. 1418, 96th Cong., 2nd Sess. 9, 10, reprinted in 1980 U.S.Code Cong. & Admin.News 4984. Litigation against the government, for example, can correct an erroneous agency rule or “provide a vehicle for developing or announcing more precise rules.” H.R.Rep. No. 1418, supra, at 10. House Report 1418 also indicates that Congress intended the EAJA to apply to appeals to the federal courts under the Social Security Act, although attorneys’ ”
3 later decisions quote this exact passage · from the majority“would not be deterred from seeking review of, or defending against unreasonable governmental action because of the expense involved in securing the vindication of their rights”
2 later decisions quote this exact passage · from the dissent“The purposes of the Act are threefold: (1) to encourage private litigants to pursue their administrative and civil actions against the government and not be deterred by the prospect of having to absorb the cost of their own attorneys' fees; (2) to compensate parties for the cost of defending against unreasonable government action; and (3) to deter the federal government from prosecuting or defending cases in which its position is not substantially justified.”
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.