Howard v. Murray’s Empirical Analysis

Citation profile

4 federal appellate ·

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

1. ““[A]n attorney who seeks to avail himself of a contract made with his client, is bound to establish affirmatively that it was made by the client with full knowledge of all the material circumstances known to the attorney, and was in every respect free from fraud on his part, or misconception on the part of the client____” Under this rule it is not necessary for the client to show that the agreement was obtained by fraud or undue influence on the part of the attorney____ Even in the absence of such misconduct the agreement may be invalid if it appears that the attorney “got the better of the bargain”, unless he can show that the client was fully aware of the consequences and that there was no exploitation of the client’s confidence in the attorney____”

   1 later decision quote this exact passage
   e.g. Mar Oil, S.A., Plaintiff-Appellee-Cross-Appellant v. Francis X. Morrissey, Jr., Defendant-Appellant-Cross-Appellee

2. “not refer to the article or use the language of the statute is not a fatal defect.”

   1 later decision quote this exact passage
   e.g. United States Court of Appeals, Second Circuit