Lauritzen v. Lehman’s Empirical Analysis
736 F.2d 550 · 1984
Citation profile
36 federal appellate · 4 district · 3 state decisions
How this case has been cited
Cited by 60 later decisions — most recently June 2018 · most notably Charles Laduke v. Alan C. Nelson, Etc. (1985), George L. Barry v. Otis R. Bowen (1987)
36 federal appellate · 4 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 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1988
Relies on Monell v. Department of Social Services of City of New York · Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics · Quern v. Jordan · United States v. American Trucking Associations · Feres v. United States
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 60 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“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.”
3 later decisions quote this exact passage · from the majority“Testimony before a congressional committee sometimes is of dispositive weight in interpreting congressional intent where the testifying witness is closely identified with the legislation ... In the instant case, ... the sequence of events ... provides a nexus between the intent of Congress and that of the witness. Congress, without stating any other reason for the change, amended S. 265 in precisely the fashion Derfner suggested. Far from being a bit or scrap of legislative history as the majority implies, Derfner’s testimony is the only reason in the legislative record for the amendment. The majority fails to explain the remarkable coincidence in the timing of Derfner’s suggestion and the amendment. The only plausible explanation is that Congress adopted the amendment for the reason Derfner suggested.”
1 later decision quote this exact passage · from the majoritye.g. Curry v. Block“because only section 1983 differentiates between states and 'private parties', because [of all the statutes mentioned in section 1988] only section 1983 requires parties to act under color of state law before liability may attach.”
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.