Case Citator › Johnson v. United States Shipping Bd. Emergency Fleet Corporation

Johnson v. United States Shipping Bd. Emergency Fleet Corporation

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Supreme Court of the United States
Citation
280 U.S. 320
Decided
Confirmed treatments
1
Flagged citations read
14 of 14
Citing cases (total)
14
Treatment dates
1943
Overruled in part
A reviewed court has overruled part of this case’s holding. Johnson v. United States Shipping Board Emergency Fleet Corporation was overruled in part: all fourteen flagged citations have been read, with the confirmed treatment listed below. The Constitution Annotated lists Brady v. Roosevelt Steamship Co. as overruling Johnson.
More on how this was screened

Brady rejected the extension of Johnson's exclusive statutory remedy to claims against private vessel operators, but expressly preserved that remedy's exclusivity against the United States and its wholly owned corporations. The Supreme Court later called Brady's change a modification of the Johnson ruling in Hust v. Moore-McCormack Lines, Inc.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

14 later cases cite Johnson v. United States Shipping Bd. Emergency Fleet Corporation; 14 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Johnson v. United States Shipping Bd. Emergency Fleet Corporation?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled in part

  • The Supreme Court rejected Johnson's exclusion of actions against private operators of government vessels while retaining the Suits in Admiralty Act's exclusive remedy against the United States and its wholly owned corporations.

    Brady v. Roosevelt Steamship Co. · Supreme Court of the United States · filed

    There is ample support for the holding in the Johnson case that § 2 of the Suits in Admiralty Act was intended to provide the only available remedy against the United States or its wholly owned corporations for enforcement of maritime causes of action covered by the Act. But there is not the slightest intimation or suggestion in the history of that Act that it was designed to abolish all remedies which might exist against a private company for torts committed during its operation of government vessels under agency agreements.
    Read the full opinion on CourtListener →

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