Marks v. Struble’s Empirical Analysis
2004
Citation profile
6 district · 3 state decisions
Relationships
Applies 28 U.S.C. § 1332 (Class Action Fairness Act of 2005) · 28 U.S.C. § 636
Relies on Scheuer v. Rhodes · Klaxon Co. v. Stentor Electric Manufacturing Co. · In re Burlington Coat Factory Securities Litigation · Morse v. Lower Merion School District · Guard-Life Corp. v. S. Parker Hardware Manufacturing Corp.
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“New York courts, even though retainer agreements are terminable at will, recognize an attorney's cause of action against a third party who interferes with the attorney's contingency fee agreement by inducing the client to enter into an independent settlement agreement.”
1 later decision quote this exact passage · from the majority“[a] [plaintiff] has an absolute right to cancel a retainer agreement, discharge an attorney at any time, and independently settle a case without being liable for breach of contract.”
1 later decision quote this exact passage · from the majority“to support the conclusion that the adjuster obtained the settlement by inducing the insured to abandon his lawyer and save the fee which he had contracted to pay”
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.