Cornella v. Schweiker’s Empirical Analysis
728 F.2d 978 · 1984
Citation profile
71 federal appellate · 15 district · 6 state decisions
How this case has been cited
Cited by 163 later decisions (1 by the Supreme Court) — most recently April 2019 · most notably Sullivan v. Hudson (1989), Martin v. Heckler (1985)
71 federal appellate · 15 district · 6 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 · 42 U.S.C. § 1988 · 42 U.S.C. § 2000E (§ 706 of the Title VII of the Civil Rights Act of 1964) · 42 U.S.C. § 406 (§ 206 of the Social Security Act of 1935) · 5 U.S.C. § 504 (Equal Access to Justice Act) · 5 U.S.C. § 554 (Administrative Procedure Act of 1946)
Relies on Alyeska Pipeline Service Company v. Wilderness Society · Bradley v. School Board of City of Richmond · Hutto v. Finney · County of Los Angeles v. Chavez-Salido · United States v. Mendoza
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 163 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“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.”
7 later decisions quote this exact passage · from the majority“If attorneys' fees to pro bono organizations are not allowed in litigation against the federal government, it would more than likely discourage involvement by these organizations in such cases, effectively reducing access to the judiciary for indigent individuals.”
4 later decisions quote this exact passage · from the majoritye.g. ANTINI v. ANTINI · ANTINI v. ANTINI“[t]here was much discussion whether the United States should be liable when it is a named party and represented in a civil action under the Social Security Act. The Committee decided that civil actions should be covered.”
4 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.