In Re Stephen C. Perry’s Empirical Analysis
1989
Citation profile
4 federal appellate · 4 district · 8 state decisions
How this case has been cited
Cited by 20 later decisions — most recently December 2016
4 federal appellate · 4 district · 8 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
Relies on Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. · Alyeska Pipeline Service Company v. Wilderness Society · United States v. Turkette · Vandygriff v. Phillips · Hannahville Indian Community v. United States
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The requirement of party status -- that the civil action must be one `by or against the United States' -- is . . . powerful evidence of an intent to exempt `pure adjudicators' from EAJA's embrace.”
2 later decisions quote this exact passage · from the majority“[W]e have been able to find no clear indication of a congressional intent to extend EAJA liability to purely adjudicative entities. Although the wording of the Act seems to leave the question open, the legislative purpose and history strongly suggest that Congress did not have adjudicatory functions in mind when enacting EAJA or when later amending it. And, any doubt must be resolved in favor of nonapplieability since courts are duty bound to construe stingily waivers of the federal government’s sovereign immunity.”
1 later decision quote this exact passage · from the majority“Except as otherwise specifically provided by statute, a court shall award a qualified party that prevails in a judicial review of an agency action fees and other expenses, including reasonable attorneys' fees, unless the court finds that the agency action was substantially justified or that circumstances make an award unjust.”
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.