Topic: if reasonable persons, applying the proper legal standard, … · Go Syfert
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Topic #10972

7 canonical passages across 5 cases, quoted by 34 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from McDermott International, Inc. v. Wilander.

#Case FlagCanonical passage Citers
1 McDermott International, Inc. v. Wilander Anchor
scotus · 1991
green “if reasonable persons, applying the proper legal standard, could differ as to whether the employee was a 'member of a crew,' it is a question for the jury.” 10
2 Warner v. Goltra
scotus · 1934
green “a seaman is a mariner of any degree, one who lives his life upon the sea.” 4
3 In Re Read's Petition
flsd · 1963
green “lack of long continued attachment to the vessel does not serve to deny read the status of a seaman when he is injured while assigned to and performing normal crew service.” 4
4 In Re Read's Petition
flsd · 1963
green “payment of wages the least important.” 4
5 Heath v. American Sail Training Ass'n
rid · 1986
green “payment of wages the least important.” 4
6 Heath v. American Sail Training Ass'n
rid · 1986
green “wage payment is not a sine qua non for qualification as an employee under the common law.” 4
7 In Re the Complaint of Falkiner
vaed · 1988
green “performing some type of work typically performed by the vessel's crew.” 4

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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