green
Positive treatment
3.9 score
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984
2005
2026
Top citers, strongest first. 11 distinct citers.
How cited ↗
discussed
Cited "see"
Roth v. Mims
Only in cases of “extraordinary circumstances” does the court consider issues raised for the first time on appeal that were not previously raised “to such a degree that the trial court may rule on it.” N. Alamo Water Supply Corp. v. City of San Juan, 90 F.3d 910, 916 (5th Cir.1996); see Cormier v. Oceanic Contractors, Inc., 696 F.2d 1112, 1113 (5th Cir.) (court declined to address issue of whether employer was entitled to a settlement credit where employer had failed to raise the argument below and any error was not plain), cert. denied, 464 U.S. 821 , 104 S.Ct. 85 , 78 L.Ed.2d 94 (198…
cited
Cited "see"
McClary v. O'Hare
See Rosa v. Cantrell, 705 F.2d 1208, 1221 (10th Cir.1982), ce rt. denied, 464 U.S. 821 , 104 S.Ct. 85 , 78 L.Ed.2d 94 (1983).
cited
Cited "see"
Mcclary v. O'hare
See Rosa v. Cantrell, 705 F.2d 1208, 1221 (10th Cir.1982), cert. denied, 464 U.S. 821 , 104 S.Ct. 85 , 78 L.Ed.2d 94 (1983).
discussed
Cited "see"
Nl Industries, Inc. v. Secretary Of The Interior
See Shaff v. United States, 695 F.2d 1138 , 1140 n. 1 (9th Cir.), cert. denied, 464 U.S. 821 , 104 S.Ct. 85 , 78 L.Ed.2d 94 (1983); Cerro Metal Products v. Marshall, 620 F.2d 964, 969 (3d Cir.1980) ("the general rule [is] that an intervenor may appeal from any order adversely affecting the interest that served as a basis for intervention") (footnote omitted).
discussed
Cited "see"
NL Industries, Inc. v. Secretary of Interior of United States
See Skaff v. United States, 695 F.2d 1138 , 1140 n. 1 (9th Cir.), cert. denied, 464 U.S. 821 , 104 S.Ct. 85 , 78 L.Ed.2d 94 (1983); Cerro Metal Products v. Marshall, 620 F.2d 964, 969 (3d Cir.1980) (“the general rule [is] that an intervenor may appeal from any order adversely affecting the interest that served as a basis for intervention”) (footnote omitted).
cited
Cited "see, e.g."
In Re TPT Transportation
See also Cormier v. Oceanic Contractors, Inc., 696 F.2d 1112 (5th Cir.1983), cert. denied, 464 U.S. 821 , 104 S.Ct. 85 , 78 L.Ed.2d 94 (1983); Burks v. American River Transp.
discussed
Cited "see, e.g."
Banks Ex Rel. Banks v. Yokemick
Prosser & P. Keeton, Prosser & Keeton on Torts § 127, at 947 (5th ed.1984); see also Rosa v. Cantrell, 705 F.2d 1208, 1222 (10th Cir.1982), cert. denied, 464 U.S. 821 , 104 S.Ct. 85 , 78 L.Ed.2d 94 (1983) (noting that while "a survival claim is based on the decedent’s claim for damages sustained during a lifetimeQ]... a wrongful death action creates a new claim or cause of action for the loss sustained by a statutory beneficiary of the decedent (directly from his death.”)).
discussed
Cited "see, e.g."
Blancq v. Hapag-Lloyd A.G.
See Aparicio v. Swan Lake, 643 F.2d 1109 (5th Cir.1981) (holding that under circumstances in which the maritime worker is not covered by the LHWCA, he may invoke the Sieracki unseaworthiness action against the vessel owner); see also Cormier v. Oceanic Contractors, Inc., 696 F.2d 1112, 1113 (5th Cir.1983) (foreign worker outside of LHWCA’s coverage entitled to unseaworthiness remedy), cert. denied, 464 U.S. 821 , 104 S.Ct. 85 , 78 L.Ed.2d 94 (1983); Coats v. Penrod Drilling Corp., 785 F.Supp. 614, 622-24 (S.D.Miss.1992) (shore-based worker testing equipment on offshore rig entitled to Sierac…
discussed
Cited "see, e.g."
Eagle-Picher Industries, Inc. v. United States of America. Gaf Corporation v. United States of America. Unr Industries, Inc., Unarco Industries, Inc. v. United States
The court suggested that FECA employees "not having received the benefit of the bargain struck by Congress [in the 1972 Longshore amendments] in the form of increased compensation payments ... should not be required to relinquish their Sieracki ... unseaworthiness action." Id. at 1117 ; see also Cormier v. Oceanic Contractors, Inc., 696 F.2d 1112 (5th Cir.), cert. denied, 464 U.S. 821 , 104 S.Ct. 85 , 78 L.Ed.2d 94 (1983) (reaching same conclusion for longshore worker employed in United Arab Emirates); United States Lines, Inc. v. United States, 593 F.2d 570, 572 (4th Cir.1979) ("The amendment…
discussed
Cited "see, e.g."
Eagle-Picher Industries, Inc. v. United States
The court suggested that FECA employees “not having received the benefit of the bargain struck by Congress [in the 1972 Longshore amendments] in the form of increased compensation payments ... should not be required to relinquish their Sieracki ... unseaworthiness action.” Id. at 1117; see also Cormier v. Oceanic Contractors, Inc., 696 F.2d 1112 (5th Cir.), cert. denied, 464 U.S. 821 , 104 S.Ct. 85 , 78 L.Ed.2d 94 (1983) (reaching same conclusion for long-shore worker employed in United Arab Emirates); United States Lines, Inc. v. United States, 593 F.2d 570, 572 (4th Cir.1979) (“The ame…
cited
Cited "see, e.g."
Tellis v. United States Fidelity & Guaranty Co.
See also Rosa v. Cantrell, 705 F.2d 1208 (10th Cir. 1982), cert. denied, 464 U.S. 821 , 104 S.Ct. 85 , 78 L.Ed.2d 94 (1983).
Retrieving the full opinion text from the archive…
Joseph Gann, Inc.
v.
Commissioner of Internal Revenue
v.
Commissioner of Internal Revenue
No. 82-1943.
Supreme Court of the United States.
Oct 3, 1983.
Published
C. A. 1st Cir. Certiorari denied.