green
Positive treatment
Quoted verbatim 1×
18.8 score
“we have long held that whether an employer/employee relationship exists is usually a question of fact for the jury, so long as there is an evidentiary basis for its consideration.”
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995
2010
2026
Top citers, strongest first. 36 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Bristol v. Board of County Commissioners
we have long held that whether an employer/employee relationship exists is usually a question of fact for the jury, so long as there is an evidentiary basis for its consideration.
discussed
Cited as authority (rule)
McHenry v. Asylum Entertainment Delaware, LLC
(2×)
also: Cited "see"
Because the “‘anglo-saxon thought’” that forms the seabed of our tort law rests on an “‘attitude of extreme individualism.’” (Soldano v. O’Daniels (1983) 141 Cal.App.3d 443, 446 ; Rest.3d Torts, § 40, com. h, pp. 42-43.) employer”] and Glynn, supra, 57 F.3d at p. 1497 [“there can be no more than one ‘employer’ for purposes of the Jones Act”] with Guidry v. South Louisiana Contractors, Inc. (5th Cir. 1980) 614 F.2d 447 , 452 [“It may also be possible for a seaman to have more than one Jones Act employer.”].) 16 2.
cited
Cited as authority (rule)
Saltzman v. Whisper Yacht, Ltd.
Cal. Dec. 17, 2012) (“It is true . . . that there can be only one Jones Act employer.”) (citing Glynn, 57 F.3d at 1500).
discussed
Cited as authority (rule)
Chad Barnes v. Sea Hawaii Rafting, LLC
There, we recognized that summary judgment would have been premature because the district court concluded “there was a material issue of fact about whether Glynn was entitled to maintenance and cure.” 57 F.3d at 1505 (emphasis added).
discussed
Cited as authority (rule)
Chad Barnes v. Sea Hawaii Rafting, LLC
There, we recognized that summary judgment would have been premature because the district court concluded “there was a material issue of fact about whether Glynn was entitled to maintenance and cure.” 57 F.3d at 1505 (emphasis added).
cited
Cited as authority (rule)
Hill v. Majestic Blue Fisheries, LLC
In Glynn v. Roy Al Boat Management Corp., 57 F.3d 1495, 1505 (9th Cir. 1995), abrogated on other grounds by Atl.
discussed
Cited as authority (rule)
In Re the Complaint of J.A.R. Barge Lines, L.P.
(2×)
Corp., 57 F.3d 1495, 1505 (9th Cir.1995)(punitive damages unavailable in action for maintenance and cure by nonfa-tally injured seaman); Miller v. American President Lines, Ltd., 989 F.2d 1450, 1459 (6th Cir.1993)(punitive damages not available under general maritime law); Nurkiewicz v. Vacation Break U.S.A., Inc., 771 So.2d 1271, 1274 (Fla.App. 4th Dist.2000) (punitive damages not recoverable in maintenance and cure action).
cited
Cited as authority (rule)
Aliotti v. Vessel Senora
Glynn v. Roy Al Boat Management Corp., 57 F.3d 1495, 1498 (9th Cir.1995); Cosmopolitan Shipping Co. v. McAllister, 337 U.S. 783, 795 , 69 S.Ct. 1317 , 93 L.Ed. 1692 (1949).
discussed
Cited as authority (rule)
Jurgensen v. Albin Marine, Inc.
Although “punitive damages were generally held to be available in the pre-Miles era for claims under general maritime law,” Glynn v. Roy Al Boat Management Corp., 57 F.3d 1495, 1503 (9th Cir.1995), in the wake of Miles , courts have been increasingly hesitant to allow punitive damages in certain general maritime actions involving personal injury or death.
discussed
Cited as authority (rule)
In Re: The Exxon Valdez, Grant Baker, as Representatives of the Mandatory Punitive Damages Class v. Joseph Hazelwood, and Exxon Corporation Exxon Shipping Company, in Re: The Exxon Valdez, Grant Baker, as Representatives of the Mandatory Punitive Damages Class v. Exxon Corporation Exxon Shipping Company, and Joseph Hazelwood, Daniel R. Calhoun Bradford J. Chisholm David P. Clarke Thomas S. McAllister Phillip G. McCrudden Michael J. McClenaghan Guy Piercey Hugh Wisner Grant C. Baker Larry L. Dooley Kim J. Ewers John W. Herschleb Kent Herschleb David B. Horne Michael J. Owecke Gerald E. Thorne George A. Gordaoff Old Harbor Native Corporation Timberline, Inc. Barbara Brown John Foges Jamie L. Halladay Charles McMahon Jennifer Briggs Terri Mast Mark T. Coles Fred Galicano Mike Hollerbeke Kathy Bryan Vincent Libed Art Huddleston Opinion Robert Love Roxane Villaueva Marcelo Rombaoa Scott Hulbert Brian Gillis Frank Michael Carlson Elenor McMullen Native Village of Larsen Bay Native Village of Chenega Bay v. Exxon Corporation Exxon Shipping Company Joseph Hazelwood
Patrick, 816 F.2d 1345 , 1349 (9th Cir. 1989) ("We hold that where an action under DOSHA is joined with a Jones Act action, neither statutory scheme may be supplemented by the general maritime law or by state law" to allow an award of punitive damages). 16 Vaughan v. Atkinson, 369 U.S. 527, 531 (1962). 17 369 U.S. 527 (1962). 18 498 U.S. 19 (1990). 19 Glynn, 57 F.3d at 1505. 20 See 33 U.S.C. § 1321 (1994) historical and statutory notes ("applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub.L. 101-380, set out as an effective date note under section 2701 of this ti…
cited
Cited as authority (rule)
Baker ex rel. Mandatory Punitive Damages Class v. Hazelwood
Glynn, 57 F.3d at 1505. .
discussed
Cited as authority (rule)
Blige v. M/V GEECHEE GIRL
"Under general maritime law, seamen are entitled to bring an action for 'maintenance and cure,’ a remedy available to compensate seamen who fall ill or become injured during their term of employment." Cabrera Espinal v. Royal Caribbean Cruises, Ltd., 253 F.3d 629, 630-31 (11th Cir.2001). "'Maintenance' is the right of a seaman to food and lodging.... 'Cure' is the right to necessary medical services." Guevara, 59 F.3d at 1499 . 4 . "[PJunitive damages were generally held to be available in the pre-Miles era for claims under general maritime law, including the willful failure to pay maintenan…
discussed
Cited as authority (rule)
Saudi v. S/T Marine Atlantic
See also Miller v. American President Lines, Ltd., 989 F.2d 1450, 1457-59 (6th Cir.1993)(“Looking primarily to the federal maritime wrongful death statutes for guidance, we hold that punitive damages are not available in general maritime law unseaworthiness action for the wrongful death of a seaman”), cert. denied, 510 U.S. 915 , 114 S.Ct. 304 , 126 L.Ed.2d 252 (1993); Horsley v. Mobil Oil Corp., 15 F.3d 200 (1st Cir.1994)(punitive damages not available on unseaworthiness claim after Miles v. Apex Marine Corp., 498 U.S. 19 , 111 S.Ct. 317 , 112 L.Ed.2d 275 (1990)); Glynn v. Roy Al Boat Man…
cited
Cited as authority (rule)
Moore v. the Sally J.
Glynn v. Roy Al Boat Management Corp., 57 F.3d 1495, 1504-05 (9th Cir.1995), cert. denied, 516 U.S. 1046 , 116 S.Ct. 708 , 133 L.Ed.2d 663 (1996).
cited
Cited as authority (rule)
Seattle-First National Bank v. Roger Conaway Jared Kelley Randy Stuart Gregory Haynes, Plaintiffs-Intervenors-Appellees. St. Elias Ocean Products, Inc. v. Lady Lynne, Official No. 958807, Her Engines, MacHinery Appurtenances, Etc. And, Day Fisheries, Inc.
Miles, 498 U.S. at 31-34 , 111 S.Ct. at 325-26 ; Glynn, 57 F.3d at 1502-03; Chan, 39 F.3d at 1407-08 .
cited
Cited as authority (rule)
Seattle-First National Bank v. Conaway
Miles, 498 U.S. at 31-34 , 111 S.Ct. at 325-26 ; Glynn, 57 F.3d at 1502-03; Chan, 39 F.3d at 1407-08 .
discussed
Cited as authority (rule)
William G. O'connell, III v. Interocean Management Corp
See Guevara v. Maritime Overseas Corp., 59 F.3d 1496, 1513 (5th Cir.1995), cert. denied, — U.S. -, 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, — U.S. -, 116 S.Ct. 708 , 133 L.Ed.2d 663 (1996); Kraljic v. Berman Enters., Inc., 575 F.2d 412 (2d Cir.1978).
cited
Cited as authority (rule)
Stone v. International Marine Carriers, Inc.
The Ninth Circuit, in Glynn v. Roy Al Boat Management Corp., 57 F.3d 1495, 1505 (9th Cir.1995), cert. denied, — U.S. —, 116 S.Ct. 708 , 133 L.Ed.2d 663 (1996), reached the same conclusion.
discussed
Cited as authority (rule)
Long v. F/V Melanie
Glynn v. Roy Al Boat Management Corp., 57 F.3d 1495, 1502-05 (9th Cir.1995), cert. denied, — U.S. -, 116 S.Ct. 708 , 133 L.Ed.2d 663 (1996) (holding attorneys’ fees available for willful failure to pay maintenance and cure, but no additional punitive damages allowable).
discussed
Cited as authority (rule)
Ceh, Inc. v. F
(2×)
also: Cited "see, e.g."
Though concluding that limiting recovery in cure and maintenance claims was consistent with Miles, the Ninth _____ Circuit relied primarily on its conclusion that there was no legal support for punitive damages in such cases. 57 F.3d at 1504-05. 8 The Fifth Circuit delineated two types of maintenance and cure actions: one based in tort involving the deterioration of a seaman's health due to failure to provide maintenance and cure; and one based in contract, not requiring personal injury, but -15- principle" and excluded punitive damages.
discussed
Cited as authority (rule)
Carolina Clipper, Inc. v. Axe
(2×)
See e.g., Horsley v. Mobil Oil Corp., 15 F.3d 200 (1st Cir.1994) (finding no right to recover non-pecuniary damages in unseaworthiness action); Miller v. American President Lines, Ltd., 989 F.2d 1450 (6th Cir.) (punitive damages not available under general maritime law), cert. denied, - U.S. -, 114 S.Ct. 304 , 126 L.Ed.2d 252 (1993); Glynn v. Roy Al Boat Management Corp., 57 F.3d 1495, 1505 (9th Cir.1994); Guevara v. Maritime Overseas Corp., 59 F.3d 1496 (5th Cir.1995). .
examined
Cited as authority (rule)
Guevara v. Maritime Overseas Corp.
(3×)
In Glynn v. Roy Al Boat Management Corp., 57 F.3d 1495 (9th Cir.1995), the Ninth Circuit stated that “[b]ecause Miles did not consider the availability of punitive damages, and was not faced with a claim for maintenance and cure that has no statutory analog, it does not directly control the question of whether punitive damages are available for the willful failure to pay maintenance.” Id., at 1503.
discussed
Cited "see"
Cooper v. Vigor Marine, LLC
See Glynn v. Roy Al Boat Management Corp., 57 F.3d 1495, 1499-1500 (9th Cir. 1995) (abrogated in part by Atlantic Sounding Co., Inc. v. Townsend, 557 U.S. 404, 408 (2009)).
discussed
Cited "see"
Barnes v. Sea Hawaii Rafting, LLC
See Glynn v. Roy Al Boat Mgm’t Corp., 57 F.3d 1495 , 1505-06 (9th Cir.1995) (abrogated on other grounds) (stating that this district court “did not err in concluding that a grant of maintenance was premature” where a disputed issue of fact re mained).
cited
Cited "see"
Ryan v. United States
See Glynn v. Roy Al Boat Management Corp., 57 F.3d 1495, 1500 (9th Cir.1995).
discussed
Cited "see"
Kan International, Inc. v. Coastal Tankships U.S.A., Inc. Coscol Marine Corporation
See Glynn v. Roy Al Boat Management Corp., 57 F.3d 1495, 1505 (9th Cir.1995), cert. denied, 116 S.Ct. 708 (1996). 6 AFFIRMED in part, REVERSED in part, and REMANDED with instructions to enter a new judgment for plaintiff in the amount of $141,970.21.
discussed
Cited "see"
Randall Dobrydnia v. Farwest Fisheries, Inc. F/v Emblem, Her Engines, Tackle, Gear, Apparel, Furniture, and Equipment, in Rem
See Glynn v. Roy Al Boat Management Corp., 57 F.3d 1495, 1499 (9th Cir.1995), cert. denied, --- U.S. ----, 116 S.Ct. 708 , 133 L.Ed.2d 663 (1996). 7 Therefore, a two-step inquiry is required by Webb, Cosmopolitan, and Glynn.
discussed
Cited "see"
Clifton v. Voyager Inc.
(2×)
See Glynn v. Roy Al Boat Management Corp., 57 F.3d 1495 (9th Cir. 1995).
cited
Cited "see, e.g."
Rebardi v. Crewboats, Inc.
Guevara v. Maritime Overseas Corp., 59 F.3d 1496, 1512 (5th Cir.1995) (en banc); see also Glynn v. Roy Al Boat Management Corp., 57 F.3d 1495 (9th Cir.1995).
cited
Cited "see, e.g."
Rebardi v. Crewboats, Inc.
Guevara v. Maritime Overseas Corp., 59 F.3d 1496, 1512 (5th Cir.1995) (en banc); see also Glynn v. Roy Al Boat Management Corp., 57 F.3d 1495 (9th Cir.1995).
cited
Cited "see, e.g."
Paul v. All Alaskan Seafoods, Inc.
Compare Glynn, 57 F.3d at 1505 with Thyssen, 777 F.2d at 62 n.6. 46 U.S.C. § 10313 (g).
cited
Cited "see, e.g."
Doxey v. Lake Charles Pilots, Inc.
Guevara v. Maritime Overseas Corp., 59 F.3d 1496, 1512 (5th Cir.1995) (en banc); see also Glynn v. Roy Al Boat Management Corp., 57 F.3d 1495 (9th Cir.1995).
examined
Cited "see, e.g."
Watters v. Harrah's Illinois Corp.
(3×)
Line Westours, Inc., 806 F.Supp. 910, 911 (W.D.Wash.1992)); see also Glynn v. Roy Al Boat Management Corp., 57 F.3d 1495, 1503 (9th Cir.1995); White v. American River Transp.
discussed
Cited "see, e.g."
Ceh, Inc. v. F
Guevara v. Maritime Overseas Corp., 59 F.3d 1496, 1512 (5th Cir. 1995) en banc; see also Glynn v. Roy Al Boat Management Corp., 57 F.3d 1495 (9th Cir. 1995).7 While at first glance, Guevara may seem to provide comfort to defendants, a closer reading supports our belief that Miles simply is irrelevant here.
discussed
Cited "see, e.g."
Ceh, Inc. v. F/v Seafarer (On 675048)
Guevara v. Maritime Overseas Corp., 59 F.3d 1496, 1512 (5th Cir.1995) (en banc); see also Glynn v. Roy Al Boat Management Corp., 57 F.3d 1495 (9th Cir.1995). 7 While at first glance, Guevara may seem to provide comfort to defendants, a closer reading supports our belief that Miles simply is irrelevant here.
Retrieving the full opinion text from the archive…
Duncan Peder McKENZIE, Jr., Petitioner-Appellant,
v.
Rick DAY, Director, Department of Corrections and Human Services, Respondent-Appellee
v.
Rick DAY, Director, Department of Corrections and Human Services, Respondent-Appellee
95-99006.
Court of Appeals for the Ninth Circuit.
Jun 8, 1995.
Timothy K. Ford, MacDonald, Hoague & Bayless, Seattle, WA, for petitioner-appellant., Pamela P. Collins, Asst. Atty. Gen., Helena, MT, for respondent-appellee.
Wallace, Browning, Wiggins, Brunetti, Kozinski, Thompson, O'Scannlain, Trott, Rymer, Kleinfeld, Hawkins.
Published
Citer courts: Tenth Circuit (1)
ORDER
The motion filed May 23, 1995, to dismiss this appeal and vacate prior orders is granted in part. The appellant Duncan Peder McKenzie, Jr. was executed May 10, 1995. By reason of his execution, his appeal from the denial of his petition for a writ of habeas corpus has become moot. Accordingly, the motion to dismiss the appeal as moot is granted.
The motion to vacate the prior orders of this court is denied.
APPEAL DISMISSED.