Strouth v. Brown’s Empirical Analysis
1996
Citation profile
How this case has been cited
Cited by 10 later decisions — most recently October 2016
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. § 2412 · 38 U.S.C. § 7291
Relies on Office of Personnel Management v. Richmond · Shalala v. Schaefer · Stillwell v. Brown · Grivois v. Brown · Frazer v. Brown
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“An entry of judgment by this Court triggers the 60-day period to appeal the decision to the U.S. Court of Appeals for the Federal Circuit. See Rule 4, Federal Rules of Appellate Procedure. If no appeal is filed within the 60-day period, the judgment of the Court becomes final. See 38 U.S.C. § 7291 (a). Unless there is an order on consent remanding a case under U.S. VetApp.R. 41(b), the 30-day period to file an EAJA application with the Court begins to run when the judgment becomes final and not when the Court issues its mandate. See 28 U.S.C. § 2412 (d)(1)(B). Finality is not delayed until the Court issues its mandate, but is instead measured as 60 days after the date stamped on the judgment. See Shalala v. Schaefer, 509 U.S. 292 , [302-03], 113 S.Ct. 2625, 2632 , 125 L.Ed.2d 239 (1993); Stillwell v. Brown, 6 Vet.App. 291, 300 (1994). The issuance of mandate is a ministerial function which is irrelevant to the timeliness of the EAJA application in this case. The 30-day filing deadline is strictly enforced and the appellant’s failure to submit an EAJA application within this 30-day time constraint precludes the Court on the facts of this case from considering the merits of the fee application.”
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.