LoVuolo v. Gunning’s Empirical Analysis
925 F.2d 22 · 1991
Citation profile
17 federal appellate · 5 district ·
Relationships
Applies 33 U.S.C. § 2002 · 33 U.S.C. § 2005 · 33 U.S.C. § 2008 · 46 U.S.C. § 2303
Relies on United States v. United States Gypsum Co. · Pullman-Standard v. Swint · Inwood Laboratories, Inc. v. Ives Laboratories, Inc. · United States v. Reliable Transfer Co. · Penn Central Transportation Co. v. New York City
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a)(i) Where one of two vessels is to keep out of the way the other shall keep her course and speed. (a) (ii) The latter vessel may however take action to avoid collision by her manoeuvre alone, as soon as it becomes apparent to her that the vessel required to keep out of the way is not taking appropriate action in compliance with these Rules. (b) When, from any cause the vessel required to keep her course and speed finds herself so close that collision cannot be avoided by the action of the give-way vessel alone, she shall take such action as will best avoid the collision.”
2 later decisions quote this exact passage · from the majority“'if a trial court bases its findings upon a mistaken impression of applicable legal principles, the reviewing court is not bound by the clearly erroneous standard.'”
2 later decisions quote this exact passage · from the majority“(a) Exoneration Nothing in these Rules shall exonerate any vessel, or the owner, master, or crew thereof, from the consequences of any neglect to comply with these Rules or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case. (b) Departure from rules when necessary to avoid immediate danger In construing and complying with these Rules due regard shall be had to all dangers of navigation and collision and to any special circumstances including the limitations of the vessels involved, which may make a departure from these Rules necessary to avoid immediate danger.”
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.