Carman Tool & Abrasives, Inc. v. Evergreen Lines’s Empirical Analysis
871 F.2d 897 · 1989
Citation profile
22 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 39 later decisions — most recently February 2024 · most notably Henley Drilling Co. v. McGee (1994), Read-Rite Corporation and American Homes Assurance Company v. Burlington Air Express, Ltd Cargolux Airlines International, s.a.,denying (1999)
22 federal appellate · 1 district · 1 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. § 1292
Relies on Komatsu Ltd. v. States Steamship Co. · Tessler Brothers (b.c.) Ltd. v. Italpacific Line and Matson Terminals, Inc. · Pan American World Airways, Inc. v. California Stevedore & Ballast Co. · Nemeth v. General Steamship Corp.
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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“only if the shipper is given a 'fair opportunity' to opt for a higher liability by paying a correspondingly greater charge.”
3 later decisions quote this exact passage · from the majority“[njeither the carrier nor the ship shall in any event be or become liable for any loss or damage to or in connection with the transportation of goods in an amount exceeding $500 per package lawful money of the United States, or in the ease of goods not shipped in packages, per customary freight unit, or the equivalent of 'that 'sum in other currency, unless the nature and value of such goods have been declared by the shipper before shipment and inserted into the bill of lading.”
2 later decisions quote this exact passage · from the majority“the carrier's published tariff offering the shipper a choice of freight rates, when combined with a clause paramount, gives the shipper constructive notice of the COGSA loss limitation and its right to declare actual value.”
2 later decisions 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.