Smith v. Orr’s Empirical Analysis
855 F.2d 1544 · 1988
Citation profile
17 federal appellate · 2 district ·
How this case has been cited
Cited by 55 later decisions — most recently September 2017 · most notably Jan's Helicopter Service, Inc. v. Federal Aviation Administration (2008), Co-Steel Raritan, Inc. v. International Trade Commission (2004)
17 federal appellate · 2 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. § 1295 · 28 U.S.C. § 1346 (Federal Tort Claims Act) · 28 U.S.C. § 1491
Relies on Kastigar v. United States · Christianson v. Colt Industries Operating Corp. · Arizona v. California · Library of Congress v. Shaw · Stoll v. Gottlieb
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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[I]t is well established that a general expression in an opinion, which expression is not essential to the disposition of the case, does not control a judgment in a subsequent proceeding.”
4 later decisions quote this exact passage · from the majority“It is clear from the language of the Little Tucker Act that the district courts are without jurisdiction over a nontax claim against the United States on which claim plaintiff’s request for recovery exceeds $10,000. Such an action is proper only in the Claims Court. The Tucker Act operates as a waiver of sovereignty by the United States and we are obliged to construe such waivers strictly. Accordingly, we concur in the positions taken by the Third Circuit in Chabal v. Reagan, the Eighth Circuit in Shaw v. Gwatney, and the District of Columbia Circuit in Goble v. Marsh and hold that, within the ambit of section 1346(a)(2), the amount of a claim against the United States for back pay is the total amount of back pay the plaintiff stands ultimately to recover in the suit and is not the amount of back pay accrued at the time the claim is filed. Any other interpretation would circumvent congressional intent in limiting the Tucker Act jurisdiction of the district courts to claims not exceeding $10,000. Our holding does not preclude a plaintiff from bringing in a district court a claim against the United States worth more than $10,000. Rather, our holding is entirely consistent with the well-established principle that a plaintiff may pursue such a claim in a district court if the plaintiff waives his right to recover the amount exceeding $10,000. The amount of a claim under the Little Tucker Act, for jurisdictional purposes, is based on the actual recovery sought by a plaintiff pursu”
3 later decisions quote this exact passage · from the majority“The district courts shall have original jurisdiction, concurrent with the United States Court of Federal Claims, of: [a]ny other civil action or claim against the United States not exceeding $10,000 in amount, founded either upon the Constitution, or any Act of Congress, or any regulation of an executive department, or upon any express or implied contract with the United States, or for liquidated or unliquidated damages in cases not sounding in tort, except that the district courts shall not have jurisdiction of any civil action or claim against the United States founded upon any express or implied contract with the United States or for liquidated or unliquidated damages in cases not sounding in tort which are subject to sections 8(g)(1) and 10(a)(1) of the Contract Disputes Act of 1978. For the purpose of this paragraph, an express or implied contract with the Army and Air Force Exchange Service, Navy Exchanges, Marine Corps Exchanges, Coast Guard Exchanges, or Exchange Councils of the National Aeronautics and Space Administration shall be considered an express or implied contract with the United States.”
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.