Bushman v. Seiler’s Empirical Analysis
755 F.2d 653 · 1985
Citation profile
26 federal appellate · 6 district ·
How this case has been cited
Cited by 42 later decisions — most recently March 2016 · most notably Pani v. Empire Blue Cross Blue Shield (1998), American Hospital Ass'n v. Bowen (1987)
26 federal appellate · 6 district ·
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. § 1442 · 42 U.S.C. § 1395H (§ 1816 of the Social Security Act of 1935)
Relies on United Mine Workers of America v. Gibbs · Butz v. Economou · Barr v. Matteo · United Gas Improvement Co. v. Continental Oil Co. · Cities Service Co. 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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]o separate the activity that constitutes the wrong from its surrounding context — an otherwise proper exercise of authority — would effectively emasculate the immunity defense. Once the wrongful acts are excluded from an exercise of authority, only innocuous activity remains to which immunity would be available. Thus, the defense would apply only to conduct for which it is not needed.”
3 later decisions quote this exact passage · from the majority“It would seem that the doctors Bushman have determined that anyone who reaches the age where they are covered by Medicare has peripheral vascular disease. Obviously, these patients do not have the peripheral vascular status that they had when they were thirty years old, but it does not necessarily mean that they are diseased.”
2 later decisions quote this exact passage · from the majority“Applying immunity here is consistent with protecting “officials who are required to exercise their discretion,” and promoting the “public interest in encouraging the vigorous exercise of official authority.””
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.