Carmichael v. Kellogg, Brown & Root Services, Inc.’s Empirical Analysis
2008
Citation profile
3
cited by 3 later decisions
October 2010
most recently cited
1 federal appellate · 1 district ·
Relationships
Relies on Baker v. Carr · Japan Whaling Ass'n v. American Cetacean Society · Vieth v. Jubelirer · Lane v. Halliburton · McElmurray v. Consolidated Government
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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“While Plaintiffs’ simplistic labeling of this case as a “garden variety road wreck” is superficially appealing, it ignores the true nature of the circumstances giving rise to this tragedy. This wreck occurred in a combat zone during wartime while Plaintiffs’ son, along with his Supply and Transport Troop and a group of civilian contractors, transported supplies from one military camp to another. The convoy operation was planned by the military, which determined the placement of vehicles in the convoy, the speed of the convoy, and the distance between vehicles in the convoy. Clearly, these circumstances differ dramatically from driving on an interstate highway or county road in the United States without any constraints other than ordinary skill, judgment, and prudence. The question here is not just what a reasonable driver would do — it is what a reasonable driver in a combat zone, subject to military regulations and orders, would do.”
1 later decision quote this exact passage · from the majority“contractor employees will be expected to adhere to all guidance and obey all instructions and general orders issued by the Theater Commander.” Army Reg. 719-5 at 3 — 2(£). In the event that military orders are violated, Regulation 715-9 gives the military the authority to”
1 later decision quote this exact passage · from the majority“civilian contractors to perform selected services in wartime to augment Army forces,”
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.