Counsel v. Dow’s Empirical Analysis
849 F.2d 731 · 1988
Citation profile
14 federal appellate · 5 district · 1 state decisions
How this case has been cited
Cited by 30 later decisions (1 by the Supreme Court) — most recently June 2017 · most notably Plaut v. Spendthrift Farm, Inc. (1995), Butts v. City of New York Department of Housing Preservation & Development (1993)
14 federal appellate · 5 district · 1 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 20 U.S.C. § 1400 (Education for All Handicapped Children Act of 1975) · 20 U.S.C. § 1415 · 29 U.S.C. § 701 (Employment Opportunities for Individuals With Disabilities Act) · 42 U.S.C. § 1988
Relies on Hensley v. Eckerhart · Board of Education of Hendrick Hudson Central School District Bd of Ed Westchester County v. Rowley · Bradley v. School Board of City of Richmond · Honig v. Doe · Pennhurst State School and Hospital v. Halderman
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In any action or proceeding brought under [the IDEA], the court, in its discretion, may award reasonable attorneys’ fees as part of the costs to the parents or guardian of a handicapped child or youth who is the prevailing party.”
1 later decision quote this exact passage · from the majority“we 'should not quickly attribute to Congress an unstated intent to act under its authority to enforce the Fourteenth Amendment. '”
1 later decision quote this exact passage · from the majority“be able to discern some legislative purpose or factual predicate that supports the exercise of that power.”
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.