Galvin v. Occupational Safety & Health Administration’s Empirical Analysis
860 F.2d 181 · 1988
Citation profile
16 federal appellate · 7 district ·
How this case has been cited
Cited by 54 later decisions — most recently November 2015 · most notably Irving v. United States (1998), Irving v. United States (1990)
16 federal appellate · 7 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. § 1346 (Federal Tort Claims Act) · 28 U.S.C. § 2679 · 28 U.S.C. § 2680 · 29 U.S.C. § 654 (§ 5 of the Occupational Safety and Health Act of 1970) · 29 U.S.C. § 657 (§ 8 of the Occupational Safety and Health Act of 1970)
Relies on United States v. Sherwood · United States v. Mitchell · Berkovitz v. United States · United States v. S.A. Empresa De Viacao Aerea Rio Grandense · Marshall v. Barlow's, Inc.
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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) against the United States, (2) for money damages, (3) for injury or loss of property, or personal injury or death (4) caused by the negligent or wrongful act or omission of any employee of the Government (5) while acting within the scope of his office or employment, (6) under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurs.”
2 later decisions quote this exact passage · from the majority“[a]ny claim based upon an act or omission of an employee of the Government, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation be valid, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused.”
2 later decisions quote this exact passage · from the majority“a suit against the United States under the FTCA is the exclusive remedy for tort claims arising from the actions of government ... employees ... and courts have consistently held that an ... employee cannot be sued eo nomine under the [FTCA]” Id. As a result,”
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.