708 So. 2d 878 - Thompson v. Casino Magic Corp.’s Empirical Analysis
1998
Citation profile
4 state decisions
Relationships
Applies 46 U.S.C. § 30104 (Merchant Marine Act of 1920 (Jones Act))
Relies on McDermott International, Inc. v. Wilander · Chandris, Inc. v. Latsis · Harbor Tug and Barge Company v. Papai · Gremillion v. Gulf Coast Catering Co. · Wallace v. Oceaneering International Cities Service Company
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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]o say a casino barge is not a “vessel” under federal maritime law in all circumstances is overly broad and incorrect. These barges are capable of moving on navigable waters and several casino barges have been moved due to inclement weather as well as to relocate for business reasons. If an accident occurs during one of these moves and a worker is injured during that move, it is possible that the worker may classify as a “seaman” and his claim should not be barred because this Court has determined as a matter of law that the casino barge is not a “vessel.””
3 later decisions quote this exact passage“... The term "vessel" has an entirely different meaning in the context of federal maritime law than in the context of the gaming licensing statutes of this State. Assuming that the Grand Casinos is in fact a "vessel" for the purposes of this State's gaming regulations, said fact is nevertheless utterly irrelevant to the issue of whether said casino constitutes a "vessel" for the purposes of the federal maritime law. The definition of "vessel" in § 27-109-1 makes no reference whatsoever to the definition of "vessel" under either Jones Act legislation and/or under general maritime case law, nor, of course, do the applicable maritime cases on point make reference to the gaming statutes of this state in defining the term "vessel."”
1 later decision quote this exact passage“Thompson was not a seaman for two distinct reasons. First, Thompson’s relationship to a ship in navigation (the Dubuque Belle) "was so temporal that she was not a seaman. Thompson had no duties while the boat was in motion, she slept at home, boarded off ship and was an hourly wage earner. Therefore Thompson was more like a casual worker on the water, not a seaman. Second, she was not a seaman because she fails to classify as part of the crew with regard to navigation and operation of the Dubuque Belle at sea. Clearly, if the Dubuque Belle left the dock and sailed around the Gulf of Mexico and Thompson was on board as a change person, she would probably be considered a seaman.”
1 later decision quote this exact passage · from the dissent
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.