Phillips v. General Services Administration’s Empirical Analysis
924 F.2d 1577 · 1991
Citation profile
17 federal appellate · 5 district ·
How this case has been cited
Cited by 96 later decisions — most recently March 2021 · most notably Chiu v. United States (1991), Stillwell v. Brown (1994)
17 federal appellate · 5 district ·
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 · 42 U.S.C. § 7604 · 5 U.S.C. § 5596 · 5 U.S.C. § 7701 · 5 U.S.C. § 7703
Relies on Pierce v. Underwood · United States v. Sherwood · Insurance Corp. of Ireland v. Compagnie Des Bauxites De Guinee · Pennsylvania v. Delaware Valley Citizens' Council for Clean Air · Cornella v. Schweiker
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 96 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[a]s the statute requires, any fee award is made to the `prevailing party,' not the attorney. Thus, Phillips' attorney could not directly claim or be entitled to the award. It had to be requested on behalf of the party.”
8 later decisions quote this exact passage · from the majority“[T]o be “incurred” within the meaning of a fee shifting statute, there must also be an express or implied agreement that the fee award will be paid over to the legal representative. The statute does not contemplate that a fee award may be made to a party to be retained. Thus, we have held in an analogous situation that a party acting pro se is not entitled to an attorney fee award.”
2 later decisions quote this exact passage · from the majority“[i]f the party seeking legal fees is obligated to pay them to a third party which is not the professional providing the legal service, an award under [ § 2412 ] has been deemed inappropriate.”
2 later decisions quote this exact passage · from the majority
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.