In Re Lomm’s Empirical Analysis
1967
Citation profile
16 state decisions
How this case has been cited
Cited by 16 later decisions — most recently October 1991
16 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 Henriques v. Vaccaro · Pittman Construction Co. v. Housing Authority · Succession of Franz · Wegmann v. Willson · Globe Indemnity Co. v. Barrow
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"It is true, as appellant contends, that summary proceeding (by rule to show cause) cannot be used to fix and recover attorney's fees; an attorney is required to bring ordinary process for that purpose. (citations omitted) However, under LSA-C.C.P. Arts. 926, 928 and 2593 the objection to the unauthorized use of summary proceeding is a dilatory exception which must be pleaded prior to answer or judgment by default and such an exception to a rule to show cause must be filed prior to the time assigned for trial of the rule. Here appellant made no objection to the form of proceeding in the trial court. His first and only objection thereto is contained in the exception he filed in this court. That exception seeks dismissal of the rule solely on the ground that attorney's fees cannot be collected in a summary proceeding. Clearly this is not, as labeled, either of the peremptory exceptions of no right or no cause of action; it is the dilatory exception to the unauthorized use of summary proceeding which cannot be initially filed in the appellate court. By failing to timely file the exception in the trial court appellant has waived his right to object to the improper summary proceeding." (p. 418)”
1 later decision quote this exact passage““There are many factors which enter into the fixing of an attorney’s fee, no specific formula exists for such a determination, and each case rests on its own facts. Generally the considerations are: the responsibility incurred including the importance of the litigation; the extent and nature of the work performed; the success of the litigation; and the legal knowledge, experience and skill of counsel.””
1 later decision quote this exact passagee.g. Shapiro v. Waiss
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.