Leone v. United States’s Empirical Analysis

Citation profile

17 federal appellate · 4 district · 1 state decisions

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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In determining whether one acting for another is a servant or an independent contractor, the following matters of fact, among others, are considered: (a) the extent of control which, by the agreement, the master may exercise over the details of the work; (b) whether or not the one employed is engaged in a distinct occupation or business; (c) the kind of occupation, with reference to whether, in the locality, the work is usually done under the direction of the employer or by a specialist without supervision; (d) the skill required in the particular occupation; (e) the length of time for which the person is employed; (f) whether the employer or workman supplies the instrumentalities, tools and place of work for the person doing the work; (g) the method of payment----”

   3 later decisions quote this exact passage · from the majority
   e.g. Robb v. United States · 72 Fed. Cl. 111 - LaBare v. United States

2. “Confronting the strict control test, plaintiffs-appellees nonetheless argue that the [examiners] are employees of the FAA. In particular, they emphasize that the FAA provides the [examiners] with detailed guidelines for conducting medical exams and requires the use of specific equipment and examination techniques. The FAA regulations also set forth the medical standards the [examiners] must apply in assessing each applicant for certification. Further, each [examiner] acts under the Federal Air Surgeon’s general supervision, see 14 C.F.R. § 183.21 (b), and the FAA continuously evaluates the [examiners]. The plaintiffs-appellees, however, fail to appreciate that such detailed regulations and evaluations are an insufficient basis to satisfy the strict control test. The question is not whether a contractor must comply with federal regulations and apply federal standards, but whether its day-to-day operations are supervised by the Federal Government. Thus, while the FAA acts generally as an overseer, it does not manage the details of an [examiner’s] work or supervise him in his daily duties. Indeed, neither the supervision provided by the Federal Air Surgeon nor the FAA procedures to evaluate the [examiners] entail on-site review or day-today management. Accordingly, the FAA does not maintain the type of control over the [examiners] that is required by [the strict control test].”

   2 later decisions quote this exact passage · from the majority
   e.g. 754 F. Supp. 2d 585 - Grace v. United States · Servis v. Hiller Systems Inc.

3. “The FTCA is a limited waiver of sovereign immunity making the Federal Government liable to the same extent as a private person for certain torts of employees of the government acting within the scope of their employment. 28 U.S.C. §§ 1346 (b), 2671. The Act defines “employee of the government” to include “officers or employees of any federal agency, members of the military or naval forces of the United States, ... and persons acting on behalf of a federal agency in an official capacity....” Id. § 2671. The FTCA waiver of sovereign immunity, however, does not extend to independent contractors. ... Whether a person is a government employee or an independent contractor is a question of federal law.”

   2 later decisions quote this exact passage · from the majority
   e.g. Chekroun v. Small Business Administration · 754 F. Supp. 2d 585 - Grace v. United States