Mason v. Witt’s Empirical Analysis
1999
Citation profile
2 federal appellate · 4 district · 1 state decisions
Relationships
Applies 28 U.S.C. § 636 · 42 U.S.C. § 1004 (§ 804 of the Social Security Act of 1935) · 42 U.S.C. § 4001 (Biggert-Waters Flood Insurance Reform Act of 2012) · 42 U.S.C. § 4002 · 42 U.S.C. § 4011 · 42 U.S.C. § 4017 · 42 U.S.C. § 4053 · 42 U.S.C. § 4071
Relies on Conley v. Gibson · Hishon v. King & Spalding · Kokkonen v. Guardian Life Insurance Co. of America · United States v. Sherwood · 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A careful reading of Spence ... reveals that Spence does not hold that state law tort claims are not preempted by the NFIA. The issue in Spence was a narrow one: whether federal or state law determined the statute of limitations for bringing state law claims against a WYO. While we held that state law would govern the statute of limitations for state law tort claims, we did not foreclose the possibility of field or conflict preemption. Rather, our holding was premised on the fact that 'the NFIA contains no express preemption provision’ and 'neither [the insurer] nor the federal government as amicus suggests preemption of the state law fraud claim.’ Thus, the issue of whether the NFIA preempted state law tort claims was not before the court in Spence, and the court did not address it. (Emphasis added).”
1 later decision quote this exact passage“In Van Holt v. Liberty Mutual Fire Insurance Company, 143 F.3d 783 (3d Cir.1998), the Third Circuit Court of Appeals, looking to the plain language of 42 U.S.C. § 4053 , found that “[tjhere is simply no indication that Congress intended to create jurisdiction for any claims other than coverage claims” and held that state law torts claims are preempted under the NFIA. Id. at 788 .”
1 later decision quote this exact passage“claims for proved and approved losses covered by flood insurance”
1 later decision quote this exact passage
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.