Barnett ex rel. Barnett v. Weinberger’s Empirical Analysis
818 F.2d 953 · 1987
Citation profile
5 federal appellate · 3 district · 3 state decisions
How this case has been cited
Cited by 22 later decisions — most recently December 2012
5 federal appellate · 3 district · 3 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 10 U.S.C. § 1071 (Military Health Care Amendments of 1987) · 10 U.S.C. § 1072 · 10 U.S.C. § 1073 · 10 U.S.C. § 1074 · 10 U.S.C. § 1076 · 10 U.S.C. § 1077 · 10 U.S.C. § 1079 · 42 U.S.C. § 1395Y (§ 1862 of the Social Security Act of 1935)
Relies on Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. · Citizens to Preserve Overton Park, Inc. v. Volpe · Skidmore v. Swift & Co. · Udall v. Tallman · Camp v. Pitts
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““To suggest that a victim of a catastrophic illness or a severe accident is receiving ‘custodial care’ simply because the ‘primary’ portion of her attendants’ time is spent providing her elemental needs is patently misguided. The critical factor is not the division or percentage of the labor daily received by the patient but the essential nature of the patient’s call for supervision and ministration, even if considerably less frequent, from medical professionals.””
2 later decisions quote this exact passage · from the majority“Custodial care. Care rendered to a patient: (i) who is disabled mentally or physically and such disability is expected to continue and be prolonged, and (ii) who requires a protected, monitored, or controlled environment whether in an institution or in the home, and (iii) who requires assistance to support the essentials of daily living, and (iv) who is not under active or specific medical, surgical, or psychiatric treatment that will reduce the disability to the extent necessary to enable the patient to function outside the protected, monitored, or controlled environment.”
1 later decision quote this exact passage · from the majority“Examples of potential custodial care cases may be a spinal cord injury resulting in extensive paralysis, a severe cerebral vascular accident, multiple sclerosis in its latter stages, or presenile and senile dementia. These conditions do not result necessarily in custodial care but are indicative of the types of conditions that sometimes do.”
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.