Southern Pacific Company v. Jensen
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
A state supreme court urged that Jensen be overruled, and three federal courts questioned its continuing force. No higher court expressly overruled Jensen in the opinions reviewed.
66 later cases cite Southern Pacific Company v. Jensen; 66 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 Southern Pacific Company v. Jensen?
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
Questioned
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The Eastern District of Louisiana questioned whether Jensen's original analysis remained binding after later Supreme Court decisions, while still applying its factors.
In re the Complaint of Antill Pipeline Construction Co. · E.D. La. · filed
It must be noted that, while the analysis forwarded in Jensen is instructive in its expression of the key concerns when deciding a case involving maritime law preemption of state law, and has not been expressly overruled, it has been greatly undermined as precedent, and is thus not binding.
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Criticized
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The California Supreme Court urged that Jensen be overruled to remove its constitutional bar to concurrent state workers’ compensation and federal maritime remedies, but applied the existing rule.
Occidental Indemnity Co. v. Industrial Accident Commission · Supreme Court of California · filed
In our opinion the best solution of the problem would be to overrule the Jensen case and thus eliminate the constitutional objection to the joint operation of state compensation and federal maritime laws.
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The Seventh Circuit questioned whether later maritime decisions had undermined Jensen, leaving the issue unresolved while deciding that the federal court lacked jurisdiction.
Ceres Terminals, Inc. v. Industrial Commission of Illinois · Seventh Circuit · filed
The water’s-edge rule comes from Southern Pacific Co. v. Jensen, 244 U.S. 205, 37 S.Ct. 524, 61 L.Ed. 1086 (1917). ... Developments since 1924 have called Knickerbocker — if not Jensen itself — into question.
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The Middle District of Florida questioned the continued force of Jensen's factors for assessing state law in maritime cases.
Jolly v. Hoegh Autoliners Shipping AS · M.D. Fla. · filed
However, the factors set forth in Jensen, though instructive, have been undermined by subsequent Supreme Court decisions involving application of state law.
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Does this case still carry your argument?
Describe your facts. Ezel reads Southern Pacific Company v. Jensen and the cases that treated it, then tells you whether it still holds for your situation, with citations.
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