Allen v. Texaco, Inc.’s Empirical Analysis
510 F.2d 977 · 1975
Citation profile
35 federal appellate · 11 state decisions
How this case has been cited
Cited by 55 later decisions — most recently October 2015 · most notably Lowe v. Ingalls Shipbuilding, A Division of Litton Systems, Inc. (1984), Shellman v. United States Lines, Inc. (1975)
35 federal appellate · 11 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 33 U.S.C. § 901 · 33 U.S.C. § 919 · 33 U.S.C. § 933
Relies on Eason v. Dandridge · Maloy v. First Federal Savings & Loan Ass'n of West Palm Beach · Greenwald v. Maryland · Galvan v. Press · Mitchell v. The Etna
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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The courts have long recognized a right of subrogation to the extent of payments made.”
2 later decisions quote this exact passage · from the majority“We find no intent indicated by the Act to take away from the employer who pays compensation without an award his right to reimbursement out of his employee’s recovery from third persons. On the contrary, we think that the intent and scheme of the Act requires that the employer’s right to subrogation for compensation payments made in the circumstances here shown be recognized wholly apart from and • without regard for the assignment provided for in Sec. 33(b) of the Act. It is only the right of control of the employee’s right of action against third persons which an employer foregoes by paying compensation without an award. His right to reimbursement out of the recovery for the employee’s injury remains unaffected.”
1 later decision quote this exact passage · from the majority“[W]as to assure Texaco that, in the event it was sued as third party, it would not have to pay the elements of damage for which [the insurer] had already compensated the injured employee. The money Texaco paid [the insured] for the services of its employees of necessity included consideration of the required additional insurance premiums paid to [the insurer].”
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.