Atlass v. Atlass’s Empirical Analysis

Citation profile

12 federal appellate · 4 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The first is to ascertain whether any liability exists. If it is found to exist the second duty arises, which is to ascertain whether the loss or damage was occasioned or incurred without the ‘privity or knowledge’ of the owner of the ship. If no liability is found to exist, the absence of all liability is to be decreed, and there the matter ends.””

   2 later decisions quote this exact passage · from the majority
   e.g. 421 F. Supp. 1300 - Boncich v. M. P. Howlett, Inc. · 189 F. Supp. 2d 835 - American River Transportation Co. v. Phelps

2. “Historically the duty of maintenance and cure derives from a seaman’s dependence on his ship.... Aside from gross misconduct or insubordination, what the seaman is doing and why and how he sustains injury does not affect his right to maintenance and cure, however decisive it may be as to claims for indemnity or for damages for negligence.”

   2 later decisions quote this exact passage · from the majority
   e.g. Colon v. Apex Marine Corp. · 189 F. Supp. 2d 835 - American River Transportation Co. v. Phelps

3. “Assuming that [the injured seamen] were in the course of their employment while departing from the yacht for the purpose of obtaining their meals and returning thereto in the normal manner, it certainly is a far-fetched idea that they continued in such course when they took to themselves the liberty of spending three near-midnight hours in a tavern consuming intoxicating liquors.”

   1 later decision quote this exact passage · from the majority
   e.g. Colon v. Apex Marine Corp.