Shepard v. Sullivan’s Empirical Analysis
898 F.2d 1267 · 1990
Citation profile
10 federal appellate ·
Relationships
Applies 28 U.S.C. § 2412 · 42 U.S.C. § 405 (§ 205 of the Social Security Act of 1935)
Relies on Hensley v. Eckerhart · Texas State Teachers Ass'n v. Garland Independent School District · Berman v. Schweiker · Environmental Defense Fund, Inc. v. Watt · Truax v. Bowen
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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Except as otherwise specifically provided by Statute, a court shall award to a prevailing party other than the United States fees and other expenses, ... incurred by that party and any civil action ..., 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”
2 later decisions quote this exact passage · from the majority“a Social Security claimant would not, as a general matter, be a prevailing party within the meaning of the EAJA merely because a court had remanded the action to the agency for further proceedings.”
1 later decision quote this exact passage · from the majoritye.g. Curtis v. Shalala“Congress mandated reconsideration of all such currently pending claims under a newly enacted standard.”
1 later decision quote this exact passage · from the majoritye.g. Milton v. Shalala
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.