152 Mich. App. 669 - Dowker v. Peacock’s Empirical Analysis

Citation profile

1 federal appellate ·

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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If plaintiff had prevailed in the lawsuit against Wayne Harding, he would have no claim of malpractice against defendants for the defective lien, having suffered no injury. But when Harding’s bankruptcy aborted the lawsuit, the defective lien became decisive. Indeed, until the outcome of the circuit court action was known, it could not be ascertained whether plaintiff had suffered any harm by defendants’ negligence regarding the construction lien. Had plaintiffs filed a malpractice action against defendants while the lawsuit against Wayne Harding was still in progress, it would have been dismissed as premature.”

   1 later decision quote this exact passage · from the majority
   e.g. 738 F. Supp. 772 - Axel Johnson, Inc. v. Arthur Andersen & Co.

2. “[A] malpractice claim accrues only when all the necessary elements of a cause of action have occurred, including damages. Luick v. Rademacher, 129 Mich.App. 803 , 342 N.W.2d 617 (1983). It is the fact of identifiable and appreciable loss, and not the finality of monetary damages, that gives birth to the cause of action. Id.”

   1 later decision quote this exact passage · from the majority
   e.g. 738 F. Supp. 772 - Axel Johnson, Inc. v. Arthur Andersen & Co.