Picone v. Lyons’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) The amended claim must arise out of the same transaction or occurrence set forth in the original pleading; (2) The purported substitute defendant must have received notice of the institution of the action such that he will not be prejudiced in maintaining a defense on the merits; |a(3) The purported substitute defendant must know or should have known that but for a mistake concerning the identity of the proper party defendant, the action would have been brought against him; (4) The purported substitute defendant must not be a wholly new or unrelated defendant, since this would be tantamount to assertion of a new cause of action which would have otherwise prescribed.”

   1 later decision quote this exact passage
   e.g. 671 So. 2d 13 - Payne v. Pedus Building Service Inc.

2. “|sNeither Ray nor La.C.C.P. Art. 1153— relation back — is applicable to situations where one defendant who is solidarily liable is timely sued, and the amending peti tion names new defendants allegedly solidarity liable, because prescription is suspended while a lawsuit is pending against one solidary obligor. In other words, neither Ray nor Article 1153 were meant to apply when other articles of the Civil Code are applicable, .”

   1 later decision quote this exact passage
   e.g. 652 So. 2d 150 - Gebhardt v. State