O'Connell v. Interocean Management Corp.’s Empirical Analysis
90 F.3d 82 · 1996
Citation profile
3 federal appellate · 5 district · 3 state decisions
How this case has been cited
Cited by 16 later decisions — most recently June 2013
3 federal appellate · 5 district · 3 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
Relies on American Manufacturers Mutual Insurance v. United States · California v. ARC America Corp. · Vaughan v. Atkinson · Mayers v. United States · Calmar Ss Corporation v. Taylor
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Although we have yet to address the issue directly, some courts have allowed recovery of punitive damages against private shipowners who were not agents of the United States and who, taMng a “callous” or “recalcitrant” view of their obligations, “arbitrarily and willfully” refused to pay maintenance and cure. See Hines v. J.A. LaPorte, Inc., 820 F.2d 1187 (11th Cir.1987); Robinson v. Pocahontas, Inc., 477 F.2d 1048 (1st Cir.1973). The majority of courts, however, do not allow punitive damages, other than attorneys’ fees, in those circumstances. See Guevara v. Maritime Overseas Corp., 59 F.3d 1496, 1513 (5th Cir.1995), cert. denied, 516 U.S. 1046 , 116 S.Ct. 706 , 133 L.Ed.2d 662 (1996); Glynn v. Roy Al Boat Management Corp., 57 F.3d 1495, 1505 (9th Cir.1995), cert. denied, 516 U.S. 1046 , 116 S.Ct. 708 , 133 L.Ed.2d 663 (1996); Kraljic v. Berman Enters., Inc., 575 F.2d 412 (2d Cir.1978).”
1 later decision quote this exact passage · from the majority“Having rejected the reasoning of Shields , we conclude that the exclusivity provision ... bars [plaintiff] Manuel’s proposed action against [operator agent] IMC for the arbitrary and willful failure to pay maintenance and cure. The SAA provides Manuel with a remedy against the United States to vindicate his entitlement to maintenance and cure. Because of the exclusivity provision, the remedy provided by the SAA precludes any action against IMC that deals with the same subject matter. Manuel’s proposed action against IMC, although highlighting IMC’s wrongful handling of his benefits claim, nonetheless arises from his entitlement to maintenance and cure resulting from his injury while employed aboard a ship. Because the SAA provides a remedy by reason of that subject matter, Manuel cannot bring a maintenance and cure claim against IMC.”
1 later decision quote this exact passage · from the majority“That where a remedy is provided by this Act it shall hereafter be exclusive of any other action by reason of the same subject matter against the agent or employee of the United States or of any incorporated or unincorporated agency thereof, whose act or omission gave rise to the claim ...”
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.