Cherry v. Williams’s Empirical Analysis

Citation profile

1 federal appellate · 36 state decisions

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

1. “Defenses based on a statute of limitations are particularly amenable to summary judgment motions. See Creed v. Valentine, 967 S.W.2d 325, 327 (Tenn.Ct. App.1997); Allied Sound, Inc. v. Neely, 909 S.W.2d 815, 820 (Tenn.Ct.App.1995). Most often the facts material to a statute of limitations defense are not in dispute. When the facts and the inferences reasonably drawn from the facts are not disputed, the courts themselves can bring to bear the applicable legal principles to determine whether the moving party is entitled to a judgment as a matter of law.”

   3 later decisions quote this exact passage · from the majority
   e.g. Young ex rel. estate of Young v. Kennedy · Cardiac Anesthesia Services, PLLC v. Jon Jones

2. “In legal malpractice cases, the discovery rule is composed of two distinct elements: (1) the plaintiff must suffer legally cognizable damage — an actual injury — as a result of the defendant’s ■wrongful or negligent conduct, and (2) the plaintiff must have known or in the exercise of reasonable diligence should have known that this injury was caused by the defendant’s wrongful or negligent conduct.... An actual injury occurs when there is the loss of a legal right, remedy or interest, or the imposition of a liability.... An actual injury may also take the form of the plaintiff being forced to take some action or otherwise suffer “some actual inconvenience,” such as .incurring an expense, as a result of the defendant’s negligent or wrongful act----However, the injury element is not met if it is contingent upon a third party’s actions or amounts to a mere possibility. The knowledge component of the discovery rule may be established by evidence of actual or constructive knowledge of the injury----Accordingly, the statute of limitations begins to run when the plaintiff has actual knowledge of the injury as where, for example, the defendant admits to having committed malpractice or the plaintiff is informed by another attorney of the malpractice. Under the theory of constructive knowledge, however, the statute may begin to run at an earlier date — whenever the plaintiff becomes aware or reasonably should have become aware of facts sufficient to put a reasonable person on notice th”

   2 later decisions quote this exact passage · from the majority
   e.g. John Howard Story v. Nicholas D. Bunstine · 93 F. Supp. 3d 835 - Allied Waste North America, Inc. v. Lewis, King, Krieg & Waldrop, P.C.

3. “Determining when a legally cognizable injury has occurred can often be accomplished without too much difficulty when the lawyer's allegedly negligent act or failure to act occurs outside of litigation. However, the task becomes more difficult when the lawyer's act or failure to act occurs during the course of litigation. ... ... [T]he rules governing when a person suffers legally cognizable injury from litigation malpractice must take into account that not every misstep leads to a fall. Because negligence without injury is not actionable, the legal malpractice statute of limitations does not begin to run until an attorney's negligence has actually injured the client.”

   2 later decisions quote this exact passage · from the majority
   e.g. John Howard Story v. Nicholas D. Bunstine · Wilson v. Pickens