Wilkett v. Interstate Commerce Commission’s Empirical Analysis
857 F.2d 793 · 1988
Citation profile
9 federal appellate · 1 district ·
Relationships
Applies 28 U.S.C. § 2412 · 42 U.S.C. § 2000E (§ 706 of the Title VII of the Civil Rights Act of 1964)
Relies on Pierce v. Underwood · Library of Congress v. Shaw · Pennsylvania v. Delaware Valley Citizens' Council for Clean Air · United States v. Tarantino · Wilkett v. Interstate Commerce Commission
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.
“within the meaning of the Equal Access to Justice Act, 28 U.S.C. § 2412(d)(2)(A), entitling the applicant to compensation. See Maj.Op. at 406-407. Because I believe that the suitable method of compensating for delay in payment is the award of interest, as in the world at large, I cannot agree that it is enough merely to adjust the fee for inflation. 31 I start at a point slightly different from the court's consideration of whether § 2412(d)(2)(A)'s reference to”
1 later decision quote this exact passage · from the dissent“enhancement for delay] is very limited. ... [E]specially when considered in light of the highly unusual facts that resulted in the delay in this case ... there will be few if any cases like Wilkett in the future.”
1 later decision quote this exact passage · from the concurrence“incompatible with the teachings of [Shaw],”
1 later decision quote this exact passage · from the dissent
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.