Posegate v. United States’s Empirical Analysis
288 F.2d 11 · 1961
Citation profile
14 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 25 later decisions — most recently January 2008 · most notably Daniels-Lumley v. United States (1962), Vilanova v. United States (1988)
14 federal appellate · 1 district · 1 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
Applies 28 U.S.C. § 1291 · 28 U.S.C. § 1346 (Federal Tort Claims Act)
Relies on Bradford Elec. Light Co. v. Clapper · Smither and Company, Inc. v. Franciska T. Coles · North American Airlines, Inc. v. Civil Aeronautics Board · Jeune v. Del E. Webb Const. Co.
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.
“(c) The liability of the United States or an instrumentality thereof under this subchapter or any extension thereof with respect to the injury or death of an employee is exclusive and instead of all other liability of the United States or the instrumentality to the employee, his legal representative, spouse, dependents, next of kin, and any other person otherwise entitled to recover damages from the United States or the instrumentality because of the injury or death in a direct judicial proceeding, in a civil action, or in admiralty, or by an administrative or judicial proceeding under a workmen’s compensation statute or under a Federal tort liability statute.”
4 later decisions quote this exact passage · from the majority“[t]he liability of the United States ... with respect to the injury or death of an employee is exclusive and instead of all other liability of the United States.”
2 later decisions quote this exact passage · from the majority“It is the committee's purpose to have the language of such Section 7 entirely clear in this respect so as to express the intention that the compensation remedy shall henceforth be the exclusive remedy of a person protected by this act against the United States, or against its instrumentalities in cases in which a suable instrumentality is the employer.' 'Similarly, The Senate Report states:”
1 later decision 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.