McCarthy v. Bark Peking’s Empirical Analysis
676 F.2d 42 · 1982
Citation profile
8 federal appellate · 2 state decisions
Relationships
Applies 29 U.S.C. § 660 (§ 11 of the Occupational Safety and Health Act of 1970) · 33 U.S.C. § 902 · 33 U.S.C. § 905
Relies on McKart v. United States · Executive Jet Aviation, Inc. v. City of Cleveland · Gilbert v. First National Bank of Jackson · M. Morrin & Son Co. v. Burgess Construction Co. · Pfeiffer Company Inc v. Ford
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The [Bjark PEKING, launched in 1911 at Hamburg, Germany, is a four-masted steel-hulled 377-foot vessel weighing 2,883 net tons. Between 1974 and 1976 it was purchased for its present owners, defendant South Street Seaport Museum; towed across the Atlantic to New York; berthed for repairs on Staten Island; and, ultimately, towed to South Street Seaport. It there serves as a museum and is occasionally rented out to private parties as an entertainment hall. Although it remains capable of being towed, its rudder has been welded in one position and it has not put out to sea since the 1930’s. It is not subject to inspection by the United States Coast Guard and has not been so inspected. Its present owners affirm that they do not intend ever to return it to active navigation, and nothing in the record before us suggests a contrary intent.””
1 later decision quote this exact passage · from the majority“No person shall discharge or in any manner discriminate against or cause to be discharged or cause discrimination against or otherwise interfere with the exercise of the statutory rights of any miner ... because such miner ... has filed or made a complaint ... of an alleged danger or safety or health violation in a coal or other mine____”
1 later decision quote this exact passage · from the majority“the status test to 'preclud[e] any application of the LHWCA ... to an employee whose activities do not bear a significant relationship to navigation or to commerce on navigable waters.'”
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.