Guest v. McLaverty’s Empirical Analysis
2006
Citation profile
22
cited by 22 later decisions
1
states following
June 2017
most recently cited
20 state decisions
Relationships
Relies on Stanley L. and Carolyn M. Watkins Trust v. Lacosta · Erickson v. Croft · Johnson v. Barrett · Hall v. State · Demarest v. Broadhurst
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“One has discovered, or through the use of reasonable diligence should have discovered, the act, error, or omission, when one has information of circumstances sufficient to put a reasonable person on inquiry regarding the act or omission. Johnson v. Barrett, 1999 MT 176, ¶ 11 , 295 Mont. 254, ¶ 11 , 983 P.2d 925, ¶ 11 . This test requires knowledge of the facts essential to the legal malpractice claim, rather than the discovery of legal theories. Johnson, ¶ 11. Specifically, the court determines whether the plaintiff had “the opportunity to obtain knowledge from sources open to his or her investigation at that time or shortly thereafter[.]” Johnson, ¶ 15 (internal quotation omitted).”
1 later decision quote this exact passage · from the majority“[a] plaintiff cannot, simply by virtue of mislabeling a claim for relief, change the gravamen of the action and secure a longer period of limitation.”
1 later decision quote this exact passage · from the majority
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.