Mandelin v. Kenneally’s Empirical Analysis

Citation profile

10 federal appellate · 1 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““This the respondent could not do [withhold amounts admittedly due libelants at the end of their voyage, unless libelants would accept the same upon the conditions imposed by respondent] as it constituted neither a payment of the wages nor a lawful tender of the amount due, but, ■on the contrary, a proffer of a future law suit respecting the same. The fact that, in the litigation that followed in this particular case, the ■court sustained respondent’s claim to withhold the fines and penalties imposed, would not warrant the imposition of any such condition or penalty as was sought to be imposed. The only effect of libelants’ accepting the payment of the wages upon the condition prescribed would have been to surrender their claims entirely. ****** “If this important provision of the statute looking to securing for seamen the prompt payment of wages due them could be lightly avoided by the ship’s prescribing conditions like those in this case, it would work an easy avoidance of a most important provision of the law enacted for the protection of seamen.””

   1 later decision quote this exact passage · from the majority
   e.g. Dahl v. The S.S. Amigo

2. “Assignments 4 and 5 present the question of the right of the respondent to withhold the amounts admittedly due libelants at the end of their voyage on the 15th of November, 1924, at Newport News, Va., unless libelants would accept the same upon the conditions imposed by respondent. This the respondent could not do, as it constituted neither a payment of the wages nor a lawful tender of the amount due, but, on the contrary, a proffer of a future lawsuit respecting the same. The fact that, in the litigation that followed in this particular case, the court sustained respondent's claims to withhold the fines and penalties imposed, would not warrant the imposition of any such condition or penalty as was sought to be imposed. The only effect of libelants' accepting the payment of the wages upon the conditions prescribed would have been to surrender their claims entirely.”

   1 later decision quote this exact passage · from the majority
   e.g. Prindes v. African Pilgrim