Earles v. United States’s Empirical Analysis
935 F.2d 1028 · 1991
Citation profile
19 federal appellate ·
How this case has been cited
Cited by 25 later decisions — most recently August 2018 · most notably McMellon v. United States (2004), Sutton v. Earles (1994)
19 federal appellate ·
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. § 1605 (§ 4 of the Foreign Sovereign Immunities Act of 1976) · 28 U.S.C. § 2680
Relies on Missouri v. Continential Insurance Cos. · Dalehite v. United States · Berkovitz v. United States · United States v. S.A. Empresa De Viacao Aerea Rio Grandense · Robertson v. Methow Valley Citizens Council
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Were we not to find a discretionary function exception to the SAA, we would subject all administrative and legislative decisions concerning the public interest in maritime matters to independent judicial review in the not unlikely event that the implementation of those policy judgments were to cause private injuries. Because such an 'outcome is intolerable under our constitutional system of separation of powers, we hold that a discretionary function exception is implied in the SAA.”
2 later decisions quote this exact passage · from the majority“[a]ny claim... based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the government whether or not the discretion involved be abused.”
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.