Cunningham v. United States’s Empirical Analysis
786 F.2d 1445 · 1986
Citation profile
21 federal appellate · 8 district ·
How this case has been cited
Cited by 47 later decisions — most recently August 2018 · most notably Konizeski v. Livermore Labs (1987), Alfrey v. United States (2002)
21 federal appellate · 8 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. § 2674 · 28 U.S.C. § 2680 · 29 U.S.C. § 654 (§ 5 of the Occupational Safety and Health Act of 1970)
Relies on Dalehite v. United States · United States v. S.A. Empresa De Viacao Aerea Rio Grandense · United States v. Orleans · Chemical Manufacturers Ass'n v. Natural Resources Defense Council, Inc. · Holloman v. Watt
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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he acts of OSHA inspectors in executing agency directives are protected by the discretionary function exception.”
3 later decisions quote this exact passage · from the majority“The purpose of the [discretionary function] exception is to prevent judicial second-guessing of administrative decisionmaking based on social, economic, and political policy. If judicial review would encroach upon this type of balancing done by an agency, then the exception would apply.”
1 later decision quote this exact passage · from the majority“[a]s the party asserting a claim against the United States, [the plaintiff] has the burden of 'demonstrating an unequivocal waiver of immunity.'”
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.