Foreman v. Exxon Corp.’s Empirical Analysis
770 F.2d 490 · 1985
Citation profile
19 federal appellate · 4 state decisions
How this case has been cited
Cited by 35 later decisions — most recently November 2018 · most notably Jacobs Constructors, Inc. v. NPS Energy Services, Inc. (2001), Levene v. Pintail Enterprises, Inc. (1991)
19 federal appellate · 4 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
Applies 33 U.S.C. § 905
Relies on J. Gordon Turnbull, Inc. v. Commissioner · Waldschmidt v. Ranier · 421 So. 2d 216 - Leenerts Farms, Inc. v. Rogers · Corbitt v. Diamond M. Drilling Co. · Ocean Drilling & Exploration Co. v. Berry Brothers Oilfield Service, Inc.
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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"[A]ny and all claims, demands and causes of action of every kind which may be brought against them by an employee of Contractor [Offshore] ... where: (a) The personal injury, illness, death or loss of services or damages to or loss of property in any way results from the willful or negligent acts or omissions of Contractor, Contractor's agents, employees representatives, or subcontractors, whether or not such personal injury, illness, death or loss of or damage to property arose out of the joint and/or concurrent negligence of Exxon, its agents, employees or representatives and/or the unseaworthiness of any vessel...." (emphasis added by 5th Circuit).”
1 later decision quote this exact passage · from the majority“15.3 In the event [Premiere] subcontracts any of the Work to be performed under this Contract, [Premiere] warrants that the agreements or Contracts with its subcontractors shall contain defense, indemnity, and hold harmless provisions equal to those set forth in Sub-clause 15.1 above in favor of [Santa Fe]. Unless such agreements or contracts contain said provisions, any and all subcontractor personnel engaged in performing Work hereunder shall be deemed to be employees of [Premiere] for all the purposes of Sub-clause 15.1 hereof....”
1 later decision quote this exact passage · from the majority“A contract to indemnify another for his own negligence imposes an extraordinary obligation. Thus an indemnitor is entitled to express notice that under his agreement, and through no fault of his own, he may be called upon to pay damages caused solely by the negligence of the indemnitee. For the same reasons express notice is required where a party seeks to shift his contractual liability to indemnify a third party.”
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.