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← 90 F.3d 1300 - Herbst v. Ryan

Herbst v. Ryan’s Empirical Analysis

90 F.3d 1300 · 1996

Citation profile

15
cited by 15 later decisions
2
states following
January 2022
most recently cited

8 federal appellate · 1 district · 2 state decisions

How this case has been cited

Cited by 15 later decisions — most recently January 2022

8 federal appellate · 1 district · 2 state decisions

801996200020102020decided

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 Hensley v. Eckerhart · Kentucky v. Graham · Hutto v. Finney · Polk County v. Dodson · Supreme Court of Virginia v. Consumers Union of the United States, 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “The district court is accorded significant deference in fee matters because (1) it possesses “superior understanding of the litigation and [there exists a] desirability of avoiding frequent appellate review of what essentially are factual matters”; (2) the need for uniformity in attorneys’ fees awards is not great enough to warrant appellate review of minutia; and (3) the desirability of avoiding “a second major litigation” strictly over attorneys’ fees is high.”
    1 later decision quote this exact passage · from the majority
  2. “[i]t is frequently appropriate to hold all defendants jointly and severally liable for attorneys' fees in cases in which two or more defendants actively participated in a constitutional violation.”
    1 later decision quote this exact passage · from the majority
  3. “a number of courts have upheld the imposition of joint and several liability for a fee award where there existed a question as to whether the fee would be collectible from one of the defendants.”
    1 later decision quote this exact passage · from the dissent

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.