Robinson v. O'Rourke’s Empirical Analysis
891 F.3d 976 · 2018
Citation profile
2 federal appellate ·
How this case has been cited
Cited by 7 later decisions — most recently October 2024
2 federal appellate ·
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 · 35 U.S.C. § 285 · 38 U.S.C. § 5107 · 38 U.S.C. § 5110 · 38 U.S.C. § 7104 · 38 U.S.C. § 7292 · 42 U.S.C. § 1988
Relies on Hensley v. Eckerhart · Buckhannon Board and Care Home Incs v. West Virginia Department of Health and Human Resources · Hanrahan v. Hampton · Hewitt v. Helms · Shalala v. Schaefer
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“a court shall award to a prevailing party other than the United States fees and other expenses ... incurred by that party in any civil action (other than cases sounding in tort), including proceedings for judicial review of agency 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 passagee.g. Winters v. Wilkie“where the plaintiff secures a remand requiring further agency proceedings because of alleged error by the agency, the plaintiff qualifies as a prevailing party (1) without regard to the outcome of the agency proceedings where there has been no retention of jurisdiction by the court, or (2) when successful in the remand proceedings where there has been a retention of jurisdiction.”
1 later decision quote this exact passage · from the dissente.g. Winters v. Wilkie“Id. at 1319 . In contrast, the parties here dispute whether agency error necessitated the remand. As discussed above, Winters has failed to meet her burden to establish that the remand was predicated on agency error. Winters is also not a prevailing party when we apply the Supreme Court's guidance in CRST . CRST did not change the requirement that a plaintiff must achieve a”
1 later decision quote this exact passage · from the majoritye.g. Winters v. Wilkie
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.