Smith ex rel. Smith v. Bowen’s Empirical Analysis
867 F.2d 731 · 1989
Citation profile
18 federal appellate · 1 district ·
How this case has been cited
Cited by 37 later decisions — most recently March 2018 · most notably Arbor Hill Concerned Citizens Neighborhood Ass'n v. County of Albany (2004), Hackett v. Barnhart (2007)
18 federal appellate · 1 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. § 2412 · 42 U.S.C. § 1382C (§ 1614 of the Social Security Act of 1935) · 5 U.S.C. § 706
Relies on Pierce v. Underwood · Batterton v. Francis · Agency Holding Corp. v. Malley-Duff & Associates, Inc. · Oliveri v. Thompson · 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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“both ‘the position taken by the United States in the civil action,’ as well as ‘the action or failure to act by the agency upon which the civil action is based.’ In adding this definition, Congress made clear that for EAJA purposes, a court should inquire into both the underlying agency determination affecting the party, as well as the Government’s litigation strategy in defense of that determination.”
3 later decisions quote this exact passage · from the majority“Except as otherwise specifically provided by statute, a court shall award to a prevailing party other than the United States fees and other expenses, in addition to any costs awarded pursuant to subsection (a), 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 in any court having jurisdiction of that action, unless the court finds that the position of the United States was substantially justified or that special circumstances make an award unjust.”
1 later decision quote this exact passage · from the majority“When assessing the 'position of the United States,' we review both 'the position taken by the United States in the civil action, [and] the action or failure to act by the agency upon which the civil action is based.'”
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.