Wilkett v. Interstate Commerce Commission’s Empirical Analysis
844 F.2d 867 · 1988
Citation profile
28 federal appellate · 15 district ·
How this case has been cited
Cited by 76 later decisions — most recently March 2016 · most notably Chiu v. United States (1991), In Re Raymond J Donovan
28 federal appellate · 15 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 21 U.S.C. § 846 (§ 406 of the Controlled Substances Act) · 28 U.S.C. § 2412 · 42 U.S.C. § 2000E (§ 706 of the Title VII of the Civil Rights Act of 1964) · 5 U.S.C. § 504 (Equal Access to Justice Act) · 5 U.S.C. § 706
Relies on Library of Congress v. Shaw · Pennsylvania v. Delaware Valley Citizens' Council for Clean Air · Spencer v. National Labor Relations Board · 572 F. Supp. 354 - Laffey v. Northwest Airlines, Inc. · Action on Smoking & Health v. Civil Aeronautics Board
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 76 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he amount of fees awarded ... shall be based upon prevailing market rates for the kind and quality of the services furnished, except that ... (ii) attorney fees shall not be awarded in excess of $75 per hour____”
3 later decisions quote this exact passage · from the majority“a court shall award to a prevailing party other than the United States fees and other expenses ... incurred by that party in any civil action (other than cases sounding in tort), including proceedings for judicial review of agency action, brought by or against the United States ... unless the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust.”
2 later decisions quote this exact passage · from the majority“failure to provide an adequate explanation for its actions or failure to consider some relevant factor in reaching its decision, may not warrant a finding that an agency's action lacked substantial justification”
2 later decisions 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.