Leyba v. Whitley’s Empirical Analysis

Citation profile

6 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Leyba urges us to apply a balancing test first articulated in New Mexico by Steinberg v. Coda Roberson Construction Co., 79 N.M. 123 , 440 P.2d 798 (1968).... Judge Bratton applied this balancing test in Wisdom v. Neal, 568 F.Supp. 4 (D.N.M.1982), holding that New Mexico law permitted the beneficiaries under a will to sue the lawyers for an estate who had incorrectly distributed the property of the estate per stirpes instead of per capita. No New Mexico appellate decision, however, has applied the balancing test in a lawyer malpractice action. Although we endorse the holding in Wisdom, we refrain from applying the Stein-berg balancing test in the context of lawyer malpractice.”

   1 later decision quote this exact passage
   e.g. Leyba v. Whitley

2. “is a matter of policy and involves the balancing of various factors, among which are [1] the extent to which the transaction was intended to affect the plaintiff, [2] the foreseeability of harm to him, [3] the degree of certainty that he suffered injury, [4] the closeness of the connection between the defendant’s conduct and the injury suffered, and [5] the policy of preventing future harm.”

   1 later decision quote this exact passage
   e.g. Leyba v. Whitley

3. “A person who in good faith pays or transfers to a fiduciary any money or other property which the fiduciary as such is authorized to receive, is not responsible for the proper application thereof by the fiduciary....”

   1 later decision quote this exact passage
   e.g. Leyba v. Whitley