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← 195 N.C. App. 161 - Johnson v. Schultz

195 N.C. App. 161 - Johnson v. Schultz’s Empirical Analysis

2009

Citation profile

5
cited by 5 later decisions
1
states following
May 2018
most recently cited

2 federal appellate · 3 state decisions

Relationships

Relies on Forbis v. Neal · Roumillat v. Simplistic Enterprises, Inc. · Zimmerman v. Hogg & Allen, Professional Ass'n · 73 N.C. App. 349 - North Carolina State Bar v. Sheffield · North Carolina State Bar v. Sheffield

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

  1. “[I]n accordance with equity, the risk of loss ... should fall on those parties who had an attorney-client relationship .... Binding clients to the acts of their lawyers can be unfair in some circumstances, such as where a client might have authorized a lawyer's conduct only in general terms, without contemplating the particular acts that lead to liability. However, it has been regarded as more appropriate for costs flowing from a lawyer's misconduct generally to be borne by the client rather than by an innocent third person. Where the lawyer rather than the client is directly to blame, the client may be able to recover any losses by suing the lawyer, a right not generally accorded to nonclients.”
    2 later decisions quote this exact passage
  2. “shifting the risk of loss based merely on the form of payment the seller accepts would significantly disrupt the way residential real estate closings are handled under our current system.”
    1 later decision quote this exact passage
  3. “not only more consistent with how residential real estate transactions are generally closed in this state, but also produces a more equitable result.”
    1 later decision 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.