Bistrian v. Levi’s Empirical Analysis
912 F.3d 79 · 2018
Citation profile
2 federal appellate · 3 district ·
Relationships
Applies 28 U.S.C. § 1331 · 28 U.S.C. § 2679
Relies on Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics · Mitchell v. Forsyth · Farmer v. Brennan · Scott v. Harris · Turner v. Safley
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“whether Congress has already acted in th[is] arena, suggesting it does not 'want the Judiciary to interfere'; whether a claim addresses individual conduct or a broader policy question; whether litigation would intrude on the function of other branches of government; and whether national security is at stake.”
1 later decision quote this exact passage · from the majoritye.g. Doe v. United States“[T]he existence of an FTCA remedy does not foreclose an analogous remedy under Bivens . According to the Supreme Court, it is 'crystal clear that congress intended the FTCA and Bivens to serve as parallel and complementary sources of liability.'”
1 later decision quote this exact passage · from the majoritye.g. Doe v. United States“two are particularly weighty: the existence of an alternative remedial structure and separation-of-powers principles.”
1 later decision quote this exact passage · from the majoritye.g. Doe v. United States
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.