Gardner v. United States’s Empirical Analysis
780 F.2d 835 · 1986
Citation profile
13 federal appellate · 2 district ·
How this case has been cited
Cited by 21 later decisions — most recently July 2011
13 federal appellate · 2 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. § 1346 (Federal Tort Claims Act) · 28 U.S.C. § 2674
Relies on Houchins v. KQED, Inc. · Van Arsdale v. Hollinger · McGarry v. United States · Thorne v. United States · Rooney 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“a private person would be liable to the claimant in accordance with the law of the place where the act or omission occurred.”
3 later decisions quote this exact passage · from the majority“[i]t is not liability for the contractor's failure to exercise due care or to employ proper safety precautions. It stems from the duty of the contractor's employer to exercise reasonable care to see that the contractor abides by his responsibilities in that respect.”
1 later decision quote this exact passage · from the majority“under California’s nondelegable duty doctrine, the United States is directly liable for its own negligence when it fails to ensure that an independent contractor takes adequate safety precautions and the work to be performed involves special dangers.”
1 later decision quote this exact passage · from the concurrence
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.