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← 40 F.3d 622 - Calhoun

Calhoun’s Empirical Analysis

Citation profile

39
cited by 39 later decisions
7
states following
April 2022
most recently cited

1 federal appellate · 9 district · 8 state decisions

How this case has been cited

Cited by 39 later decisions — most recently April 2022 · most notably Lucien Calhoun, Stier v. Reading & Bates Corp. (1999)

1 federal appellate · 9 district · 8 state decisions

1501990200020102020decided

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 Erie Co v. Tompkins · Cipollone v. Liggett Group, Inc. · Seas Shipping Co. v. Sieracki · Pope & Talbot, Inc. v. Hawn · Clearfield Trust Co. 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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Our recognition of a right to recover for wrongful death under general maritime law will assure uniform vindication of federal policies, removing the tensions and discrepancies that have resulted from the necessity to accommodate state remedial statutes to exclusively maritime substantive concepts.”
    2 later decisions quote this exact passage · from the concurrence
  2. “Tallentire [addressed] whether remedies available under a state wrongful death action could supplement the remedies available under DOHSA. The Court again said “no,” holding that the Louisiana wrongful death statute (which allowed recovery for loss of society) could not apply to a claim governed by DOHSA____ Congress had spoken directly to the question of damages for deaths on the high seas in DOHSA, and the Court was not free to supplement the statutory scheme (with a state law remedy).”
    1 later decision quote this exact passage · from the dissent
  3. “' purpose underlying the general maritime remedy of Moragne was driven by the idea that survivors of seamen killed in state territorial waters should not have been barred from recovery simply because the tort system of the particular state in which a seaman died did not incorporate special maritime doctrines. It is difficult to see how this purpose can be taken as an intent to preclude the operation of state laws that do supply a remedy.' 40 F.3d at 641-642 (citation omitted).”
    1 later decision quote this exact passage · from the dissent

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.