Allied Chemical International Corp. v. Companhia De Navegacao Lloyd Brasileiro’s Empirical Analysis
775 F.2d 476 · 1985
Citation profile
17 federal appellate · 2 district · 4 state decisions
How this case has been cited
Cited by 77 later decisions — most recently June 2021 · most notably Repp v. Webber (1997), Ef Operating Corporation T/a Pa v. American Buildings (1993)
17 federal appellate · 2 district · 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 28 U.S.C. § 1333
Relies on Anderson v. City of Bessemer City · United Gas Improvement Co. v. Continental Oil Co. · Johnson v. Railway Express Agency, Inc. · United States v. El Paso Natural Gas Co. · In re Whittington
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 77 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“enable[ ] the distant seller to protect himself from an insolvent or fraudulent foreign buyer by ensuring that the buyer ordinarily cannot take possession of the goods until he has paid for them”
2 later decisions quote this exact passage · from the majority“'apply [not] of its own force as a statute, but merely as a contractual term in the bill of lading.'”
2 later decisions quote this exact passage · from the majoritye.g. Seguros "Illimani" S.A., Empresa Nacional De Fundiciones, Derby & Cia, Inc., and S.W. Shattuck Chemical Company, Cross-Appellees v. M/v Popi P, Her Engines, Boilers, Etc., Nimipet Corp., Lineas Navieras Bolivianas, Compania Sud Americana De Vapores, and Chilean Line Inc., Compania Sud-Americana De Vapores and Lineas Navieras Bolivianas, and Third-Party v. Universal Maritime Service Corp., Third-Party Cross-Appellant · Seguros "Illimani" Sa Sw v. M/v Popi P Compania Sud-Americana De Vapores“We bear in mind that bills of lading are contracts of adhesion and, as such, are strictly construed against the carrier.”). Even if the bill of lading purported to place an affirmative duty on the shipper to determine the ad valorem rate and tender payment absent a request from the shipper, the result would likely be the same here since such a requirement might very well conflict with COGSA. See 46 U.S.C.App. § 1303(8) (”
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.