Luciani v. Wallack’s Empirical Analysis
1999
Citation profile
2 state decisions
Relationships
Relies on Satellite Gateway Communications, Inc. v. Musi Dining Car Co. · 241 N.J. Super. 381 - Oliviero v. Porter Hayden Co. · 150 N.J. Super. 431 - Zyck v. Hartford Insurance Group · 172 N.J. Super. 320 - Coastal State Bank v. Colonial Wood Products, Inc. · 207 N.J. Super. 157 - Collective Fed. S. & L. Ass'n v. Toland
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“No fee for legal services shall be allowed in the taxed costs or otherwise, except ... (4) In an action for the foreclosure of a mortgage, the allowance shall be calculated as follows: on all sums adjudged to be paid the plaintiff amounting to $5,000 or less, at the rate of 3.5%, provided, however, that in any action a minimum fee of $75 shall be allowed; upon the excess of $5,000 and up to $10,000 at the rate of 1/5%; and upon the excess over $10,000 at the rate of 1%, provided that the allowance shall not exceed $7,500. If, however, application of the formula prescribed by this rule results in a sum in excess of $7,500, the court may award an additional fee not greater than the amount of such excess on application supported by affidavit of services. In no case shall the fee allowance exceed the limitations of this rule.”
1 later decision quote this exact passage“In a setting like this, it would clearly be inequitable to sanction a fee which is six times greater than the reasonable value of the time expended. This is particularly true when one recognizes that homeowners seeking to cure the negative consequences of a foreclosure, either by selling the encumbered property or refinancing the mortgage, have little or no bargaining strength.”
1 later decision quote this exact passage“The Legislature hereby finds and declares it to be the public policy of this State that homeowners should be given every opportunity to pay their home mortgages, and thus keep their homes, and that lenders will be benefited when residential mortgage debtors cure their defaults and return defaulted residential mortgage loans to performing status.”
1 later decision quote this exact passagee.g. In Re Hatala
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.