Smith v. Pinell’s Empirical Analysis
597 F.2d 994 · 1979
Citation profile
18 federal appellate · 5 district ·
How this case has been cited
Cited by 34 later decisions — most recently August 2018 · most notably Owens-Illinois Inc v. United States District Court for Western District of Washington at Tacoma (1983), Southern Pacific Transportation Co. v. San Antonio, Texas (1984)
18 federal appellate · 5 district ·
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 28 U.S.C. § 1292
Relies on O’Callahan v. Parker, Warden · Boesche v. Udall · Schoenamsgruber v. Hamburg American Line · Hogue v. Southern Railway Co. · Alcoa Steamship Co. v. Charles Ferran & Co.
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A Jones Act plaintiff is entitled to the rights inuring to a railroad employee under the Federal Employers' Liability Act (FELA), 45 U.S.C. §§ 51-60 (1976). See generally, G. Gilmore & C. Black, The Law of Admiralty, § 6-26 (2d ed.1975). A FELA plaintiff, who has been induced by fraud to settle a claim for personal injuries incurred in the course of employment activity covered by the FELA, is not required as a condition precedent to prosecuting his claim in court to return the settlement proceeds to his railroad employer. Hogue v. Southern Railway Co., 390 U.S. 516, 517 , 88 S.Ct. 1150, 1151-52 , 20 L.Ed.2d 73 (1968) {per cu-riam). The congressional policy favoring unburdened and expeditious recovery by covered railroad employees is thought to be better advanced by allowing the FELA action to go forward and by having the “sum paid [under the previous settlement] ... deducted from any award determined to be due to the injured employee,” id. at 518 , 88 S.Ct. at 1152 , than by requiring the employee to return the settlement proceeds before prosecuting his claim. We perceive no sound policy reason for according different treatment to a Jones Act plaintiff, such as Smith in this case. Nor do we see any justification for qualifying a seaman’s rights under the Jones Act by incorporating a state’s substantive law governing an action for rescission as the district court did here. See, Alcoa Steamship Co. v. Charles Ferran & Co., 383 F.2d 46, 50 (5th Cir.1967), cert. denied, 393 U.S. ”
2 later decisions 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.