Shaw v. United States’s Empirical Analysis
741 F.2d 1202 · 1984
Citation profile
40 federal appellate · 6 district · 5 state decisions
How this case has been cited
Cited by 79 later decisions — most recently August 2018 · most notably Reilly v. United States (1988), 123 Wash. 2d 15 - Adcox v. Children's Orthopedic Hospital & Medical Center (1993)
40 federal appellate · 6 district · 5 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. § 1346 (Federal Tort Claims Act) · 28 U.S.C. § 2402 · 28 U.S.C. § 2674
Relies on United States v. United States Gypsum Co. · Stafford v. Oklahoma · Jones & Laughlin Steel Corp. v. Pfeifer · Milwaukee and St Paul Railway Company v. Apms et al. · 98 Wash. 2d 460 - Harbeson v. Parke-Davis, Inc.
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 79 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“left with the definite and firm conviction that a mistake has been committed.”
4 later decisions quote this exact passage · from the majority“The Shaws are entitled to a just award for the mental anguish of raising a severely handicapped child. In contrast to the plaintiffs in Hinzman [v. Palmanteer, 81 Wash.2d 327 , 501 P.2d 1228 (1972)] and Clark [v. Icicle Irrigation Dist., 72 Wash.2d 201 , 432 P.2d 541 (1967)], however, their loss is not total. Scotty is able to respond, albeit on a very basic level, to both his mother and father. Moreover, the assistance of the full-time attendant provided for by the pecuniary award will enable the Shaws to keep Scotty at home. Because we firmly believe that a Washington court would consider this award “shocking,” we will reduce it to $50,000.”
2 later decisions quote this exact passage · from the majority“[t]he Ninth Circuit has squarely rejected this analysis____ In Felder, supra, we recognized that such an expansive view of federal law would “impinge seriously upon the architecture of the [Federal Tort Claims] Act which provides for recovery according to the lex loci delictus.””
2 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.