Banos v. Eckerd Corp.’s Empirical Analysis
1998
Citation profile
3 federal appellate · 3 state decisions
How this case has been cited
Cited by 8 later decisions — most recently March 2011
3 federal appellate · 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 Missouri Pacific Railroad v. Elmore & Stahl · Brecheen v. Oklahoma · Peyton v. Railway Express Agency, Inc. · New York Philadelphia Norfolk Railroad Company v. Peninsula Produce Exchange of Maryland · McQuillen v. Wisconsin Education Association Council Et Al.
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he liability of a carrier for damage to an interstate shipment is controlled by the Interstate Commerce Act. The Car-mack Amendment to the Interstate Commerce Act [ 49 U.S.C. § 14706 ] imposes liability on carriers for actual loss, damage, or injury to property they transport, and declares unlawful and void any contract, regulation, tariff, or other attempted means of limiting its liability.... After the adoption of the Carmack Amendment, shippers began to charge exorbitant rates for shipments insured at full value. In reaction, Congress enacted the Cummings Amendment ..., which allowed carriers to limit their liability, but granting authority to the ICC to approve rates through tariffs.... Each rate in a tariff carries a corresponding level of liability per pound which is term[ed] a ‘released rate.’ A higher freight rate, therefore, secures a higher level of liability. When a tariff contains an inadvertence clause and a shipper fails to declare a value in the bill of lading, then the shipper is insured at the lowest rate permitted in the tariff. The inadvertence clause is usually incorporated into the bill of lading in the released rate clause by a sentence which states that if the shipper. fails to state a released rate, the shipment is deemed released at the lowest rate or the rate listed. The shipper, therefore, is not compelled to accept the given released rate but may instead choose a higher rate by incorporating it into the bill of lading.”
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.