Guilbeau v. Calzada’s Empirical Analysis

Citation profile

1 federal appellate · 8 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Uniformity has always been of paramount importance in admiralty matters. Borrowing the schedule of beneficiaries provided in the Death on the High Seas Act for wrongful death actions under general maritime law will in our opinion more nearly accomplish this objective. We, therefore, conclude that it should be applied in this instance.” 240 So.2d at 110 .”

   2 later decisions quote this exact passage
   e.g. Spiller v. Thomas M. Lowe, Jr. & Associates, Inc. · Spiller v. Thomas M. Lowe, Jr. & Associates, Inc.

2. “[The Death on the High Seas Act] is the congressional enactment that deals specifically and exclusively with actions for wrongful death, and that simply provides a remedy — for deaths on the high seas — for breaches of the duties imposed by general maritime law. In contrast, the beneficiary provisions of the Jones Act are applicable only to a specified class of actions — claims by seamen against their employers — based on violations of the special standard of negligence that has been imposed under the Federal Employers’ Liability Act. That standard appears to be unlike any imposed by general maritime law. Further, although the Longshoremen’s and Harbor Workers’ Compensation Act is applicable to longshoremen its principles of recovery are wholly foreign to those of general maritime law — like most workmen’s compensation laws, it deals only with the responsibilities of employers for death or injury to their employees, and provides stand ardized amounts of compensation regardless of fault on the part of the employer. The only one of these statutes that applies not just to a class of workers but to any “person,” and that bases liability on conduct violative of general maritime law, is the Death on the High Seas Act. The borrowing of its schedule of beneficiaries, argues the United States, will not only effectuate the expressed congressional preferences in this area but will also promote uniformity by ensuring that the beneficiaries will be the same for identical torts, rather tha”

   1 later decision quote this exact passage
   e.g. Smith v. Allstate Yacht Rentals, Ltd.

3. “We do not determine this issue now, for we think its final resolution should await further sifting through the lower courts in future litigation. For present purposes we conclude only that its existence affords no sufficient reason for not coming to grips with The Harrisburg. If still other subsidiary issues should require resolution, such as particular questions of the measure of damages, the courts will not be without persuasive analogy for guidance. Both the Death on the High Seas Act and the numerous state wrongful-death acts have been implemented with success for decades. The experience thus built up counsels that a suit for wrongful death raises no problems unlike those that have long been grist for the judicial mill.”

   1 later decision quote this exact passage
   e.g. Spiller v. Thomas M. Lowe, Jr. & Associates, Inc.