McCarthy v. Bowen’s Empirical Analysis
824 F.2d 182 · 1987
Citation profile
5 federal appellate · 1 district ·
How this case has been cited
Cited by 13 later decisions — most recently March 2014
5 federal appellate · 1 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. § 2412 · 42 U.S.C. § 602 (§ 402 of the Social Security Act of 1935)
Relies on United States v. Sidney Estridge, James F. O'crowley, Jr., Herbert Maslin · Martin v. Heckler · 608 F. Supp. 1286 - Washington v. Heckler
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“though the plaintiffs-appellees’ application was correctly filed with this Court, we will defer consideration of it until the District Court determines whether the plaintiffs are entitled to EAJA fees in connection with proceedings in the District Court. Whether the Government’s position was “substantially justified” in each court may not necessarily be resolved with the same outcome, but our deferral will afford us the benefit of the District Court’s view on the issue it must resolve. Deferral will also conserve judicial resources. Consideration of appellate fees can be combined with any appeal that may be taken from the EAJA ruling of the District Court. Alternatively, there is always the possibility that the ruling of the District Court will prompt the parties to accept it without appeal and also to settle the application for appellate fees.”
1 later decision quote this exact passage · from the majority“to enlist the aid of the district court in resolving disputed issues concerning an application for appellate fees.”
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.