Brown & Root, Inc. v. M/V Peisander’s Empirical Analysis
648 F.2d 415 · 1981
Citation profile
40 federal appellate · 3 district · 2 state decisions
How this case has been cited
Cited by 96 later decisions — most recently June 2016 · most notably Henley Drilling Co. v. McGee (1994), Komatsu Ltd. v. States Steamship Co. (1982)
40 federal appellate · 3 district · 2 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
Relies on Adams Express Co. v. Croninger · Shoup Voting Machine Corp. v. Datamedia Computer Service, Inc. · Liverpool & Great Western Steam Co. v. Phenix Insurance · Hart v. Pennsylvania Railroad · Robert Herd Company v. Krawill Machinery Corporation
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 96 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“unless the nature and value of such goods have been declared by the shipper before shipment and inserted into the bill of lading”
12 later decisions quote this exact passage · from the majority“[T]he circumstances of the case before us do not overcome the prima facie evidence of the opportunity for a choice of rates and valuations ... First, COGSA was expressly incorporated in the bill of lading to thereby bring into play § 4(5). Next, and more significantly, the published tariff which has the effect of law very carefully gave Shipper a choice of valuations by a choice of precisely definable freight rates.”
3 later decisions quote this exact passage · from the majority“[w]ith COGSA so expressly adopted, what does COGSA provide? The answer is simple and direct: $500 per package unless the nature and value of the goods have been declared by the shipper and inserted in the bill of lading.... Next, and more significantly, the published tariff which, has the effect of law very carefully gave Shipper a choice of valuations by a choice of precisely definable freight rates.”
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.