McAleer v. Smith’s Empirical Analysis
1993
Citation profile
4 federal appellate · 1 district ·
Relationships
Applies 45 U.S.C. § 51 (Federal Employers' Liability Act) · 46 U.S.C. § 30104 (Merchant Marine Act of 1920 (Jones Act)) · 46 U.S.C. § 30302 (Death on the High Seas Act) · 46 U.S.C. § 30303 (Death on the High Seas Act)
Relies on Celotex Corporation v. Catrett H · International Shoe Co. v. Washington · Helicopteros Nacionales De Colombia, S. A. v. Hall · Seas Shipping Co. v. Sieracki · The Osceola
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Whenever the death of a person shall be caused by wrongful act, neglect, or default occurring on the high seas ... the personal representative of the decedent may maintain a suit for damages ... for the exclusive benefit of the decedent’s wife, husband, parent, child, or dependent relative against the vessel, person, or corporation which would have been liable if death had not ensued.”
2 later decisions quote this exact passagee.g. McAleer v. Smith · McAleer v. Smith“), which had arranged for six sail trainees to crew for the MARQUES during the race. 3 Plaintiffs brought claims against defendant for unseaworthiness under the general maritime law; for negligence under the Jones Act, 46 U.S.C.App. Sec. 688; for negligence under the general maritime law; and for wrongful death under the Death on the High Seas Act, 46 U.S.C.App. Secs. 761-768 (”
1 later decision quote this exact passagee.g. McAleer v. Smith“the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.”
1 later decision quote this exact passagee.g. McAleer v. Smith
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.