Leyba v. Whitley’s Empirical Analysis
1995
Citation profile
10 district · 57 state decisions
How this case has been cited
Cited by 67 later decisions — most recently August 2024 · most notably Herrera Ex Rel. Estate of Ruiz v. Quality Pontiac (2003), Azar v. Prudential Insurance Co. of America (2003)
10 district · 57 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on International Ass'n of Machinists v. Duckworth · Ultramares Corp. v. Touche · 56 Cal. 2d 583 - Lucas v. Hamm · 49 Cal. 2d 647 - Biakanja v. Irving · Savings Bank v. Ward
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 67 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[i]n considering relationships giving rise to duty, it seems logical to treat an intended (not incidental) third-party beneficiary as though in privity of contract and accord such a beneficiary traditional remedies in the enforcement of promises and common-law duties in his or her own right and not simply in the enforcement of the promisee’s right.”
3 later decisions quote this exact passage“[s]hould a conflict arise, the adversarial exception negates duty only if the third party knows or should know that he or she cannot rely on the attorney to act for his or her benefit.”
3 later decisions quote this exact passagee.g. Spencer v. Barber · Durham v. Guest“[Tjhere can be no other purpose of an attorney-client agreement to pursue claims for wrongful death than to benefit those persons specifically designated by the Act as statutory beneficiaries. We conclude therefore that... the very nature of a wrongful death action is such that we will imply in law a term in every agreement between an attorney and personal representative that the agreement is formed with the intent to benefit the statutory beneficiaries of the action.”
2 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.