445 F. Supp. 2d 516 - Moore v. Matthews’s Empirical Analysis

Citation profile

2 district ·

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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) Any action taken to avoid collision shall be taken in accordance with the Rules of this subpart (Rules 4-19) (§§ 83.04 through 83.19) and shall, if the circumstances of the case admit, be positive, made in ample time and with due regard to the observance of good seamanship. (b) Any alteration of course and/or speed to avoid collision shall, if the circumstances of the case admit, be large enough to be readily apparent to another vessel observing visually or by radar; a succession of small alterations of course and/or speed should be avoided. (c) If there is sufficient sea room, alteration of course alone may be the most effective action to avoid a close-quarters situation provided that it is made in good time, is substantial and does not result in another close-quarters situation . (d) Action taken to avoid collision with another vessel shall be such as to result in passing at a safe distance. The effectiveness of the action shall be carefully checked until the other vessel is finally past and clear. (e) If necessary to avoid collision or allow more time to assess the situation, a vessel shall slacken her speed or take all way off by stopping or reversing her means of propulsion. (f) (i) A vessel which, by any of these Rules, is required not to impede the passage or safe passage of another vessel shall, when required by the circumstances of the case, take early action to allow sufficient sea room for the safe passage of the other vessel . (ii) A vessel required not to imp”

   1 later decision quote this exact passage
   e.g. Buccina v. Grimsby

2. “To prevail on their negligence claims, plaintiffs must establish the existence of a duty, a breach of that duty, and an injury proximately resulting from the breach of that duty. Schumacher v. Cooper, 850 F.Supp. 438, 447 (D.S.C. 1994). See also Thomas J. Schoenbaum, Admirality and Maritime Law § 5-2 (4th ed. 2001). ^ sH H* H* H< When two or more parties have contributed by their fault to cause damages in a maritime collision such damages will be allocated among the parties proportionally to the comparative degree of fault. See United States v. Reliable Transfer Co., Inc., 421 U.S. 397 , 95 S.Ct. 1708 , 44 L.Ed.2d 251 (1975). As a result, contributory negligence is not a complete bar to the plaintiffs recovery, but merely mitigates damages. Id.; Exxon Co., U.S.A. v. Sofec, Inc., 517 U.S. 830, 837 , 116 S.Ct. 1813 , 135 L.Ed.2d 113 (1996); Stolt Achievement, Ltd. v. Dredge B.E. Lindholm, 447 F.3d 360 (5th Cir.2006); Crowley American Transport, Inc. v. Double Eagle Marine, Inc., 208 F.Supp.2d 1250 (S.D.Ala.2002); Hogge v. SS Yorkmar, 434 F.Supp. 715 (D.Md.1977). See also Thomas J. Schoenbaum, Admiralty & General Maritime Law § 5-5 (4th ed. 2001).”

   1 later decision quote this exact passage
   e.g. 824 F. Supp. 2d 358 - Podgurski v. Town of North Hempstead

3. “§ 2005. Look-out (Rule 5) Every vessel shall at all times maintain a proper look-out by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision. § 2015. Crossing situation (Rule 15) (a) Vessel which must keep out of other vessel’s way When two power-driven vessels are crossing so as to involve risk of collision the vessel which has the other on her starboard side shall keep out of the way and shall, if the circumstances of the case admit, avoid crossing ahead of the other vessel.”

   1 later decision quote this exact passage
   e.g. 520 F. Supp. 2d 422 - In Re the Complaint of Del-Marine, Inc.