Brown’s Empirical Analysis
Citation profile
15 federal appellate · 16 district · 5 state decisions
How this case has been cited
Cited by 67 later decisions — most recently June 2022 · most notably Rmi Titanium Company v. Westinghouse Electric Corporation (1996), Jamison v. Wiley (1994)
15 federal appellate · 16 district · 5 state decisions
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 Dalehite v. United States · Hafer v. Melo · Air Line Pilots Ass'n, International v. Shugrue · Latimer v. Stainer · Williams v. United States
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 67 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A] district court’s substitution order [i]s based upon the Liability Reform Act, which was intended to restore full tort immunity to all federal employees acting within the scope of their employment. The immunity is conferred by [28 U.S.C.] § 2679(b): “The remedy against the United States ... for injury ... from the negligent or wrongful act of any employee of the Government while acting within the scope of his office or employment is exclusive.... ” The immunity is triggered when the Attorney General or his designate (here, the U.S. Attorney) certifies that federal employees have been sued for conduct within the scope of their employment. “Upon certification ... the United States shall be substituted as the party defendant,” § 2679(d)(1).”
4 later decisions quote this exact passage · from the majority“must be resolved before trial, as soon after the motion for substitution as practicable, even if an evidentiary hearing is needed to resolve relevant fact disputes.”
4 later decisions quote this exact passage · from the majority“protect federal employees from the uncertain and intimidating task of defending suits that challenge conduct within the scope of their employ.”
2 later decisions quote this exact passage · from the majoritye.g. No. 91-5669 · Melo v. Hafer
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.