Herb's Welding v. Gray’s Empirical Analysis
766 F.2d 898 · 1985
Citation profile
14 federal appellate ·
How this case has been cited
Cited by 27 later decisions — most recently April 2022 · most notably Diamond Offshore Company v. A&b Builders Inc (2002), Recar v. CNG Producing Co. (1988)
14 federal appellate ·
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 43 U.S.C. § 1333
Relies on Local 408, International Brotherhood of Teamsters v. National Labor Relations Board · Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. · Dixson v. United States · Credithrift of America, Inc. v. United States · Herb's Welding, Inc. v. Gray
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Our decision does not extend LHWCA coverage to those whose connection with operations on the Shelf is tenuous. Workers like [the welder in Herb’s Welding II] whose work is only indirectly connected with the Shelf will still not be covered. The “but for” test this Circuit has adopted is not the simple “causa sine qua non ” test of tort law, but includes the requirement that the claimant show a nexus between the work being done and operations on the shelf similar to the proximate cause test in tort law; it requires that the work “furthers] the operation of a fixed rig on the shelf and [is] in the regular course of extractive operations on the shelf””
1 later decision quote this exact passage“as the result of operations conducted on the [OCS] for the purpose of exploring for, developing, removing, or transporting by pipeline the natural resources, or involving rights to the natural resources, of the subsoil and seabed of the [OCS].”
1 later decision quote this exact passage
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.