Messier v. Bouchard Transportation’s Empirical Analysis

Citation profile

2 federal appellate ·

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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “... logically and historically the duty of maintenance and cure derives from a seaman’s dependence on his ship, not from his individual deserts, and arises from his disability, not from anyone’s fault.... Aside from gross misconduct or insubordination, what the seaman is doing and why [or] how he sustains injury does not affect his right to maintenance and cure, however decisive it may be as to claims for indemnity or for damages for negligence. He must, of course, at the time be “in the service of the ship,” by which is meant that he must be generally answerable to its call to duty rather than actually in performance of routine tasks or specific orders. ... the seaman’s right to maintenance and cure ... is so inclusive as to be relatively simple, and can be understood and administered without technical considerations. It has few exceptions or conditions to stir contentions, cause delays, and invite litigations. The seaman could forfeit the right only by conduct, whose wrongful quality even simple men of the calling would recognize — insubordination, disobedience to orders, and gross misconduct.”

   1 later decision quote this exact passage · from the majority
   e.g. McKinney v. American River Transp. Co.

2. “The obligation to provide maintenance and cure payments, however, does not furnish the seaman with a source of lifetime or long-term disability income.” (citation and internal quotation marks omitted)), as amended (Aug. 15, 2012); Mahramas v. Am. Exp. Isbrandtsen Lines, Inc., 475 F.2d 165, 172 (2d Cir.1973) (”

   1 later decision quote this exact passage · from the majority
   e.g. Rabenstein v. Sealift, Inc.