Couture v. Guillory’s Empirical Analysis
1998
Citation profile
10 state decisions
How this case has been cited
Cited by 10 later decisions — most recently November 2010
10 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Smith v. OUR LADY OF LAKE HOSP. · 685 So. 2d 691 - Hayes v. Autin · Hayes v. Autin · 684 So. 2d 488 - Oakley v. Thebault · 543 So. 2d 494 - Scott v. Thomas
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.
“The burden of proof remains with the movant. However, if the movant will not bear the burden of proof |4at trial on the matter that is before the court on the motion for summary judgment, the movant’s burden on the motion does not require him to negate all essential elements of the adverse party’s claims, action, or defense. Thereafter, if the adverse party fails to produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial, there is no genuine issue of material fact.”
2 later decisions quote this exact passage“In Couture , the plaintiff, Patty Couture (Couture), had an underlying suit against his employer, the St. Bernard Parish School Board (School Board). Couture retained attorneys Vivian Guil-lory and Clark Roy (Guillory and Roy) to represent him in seeking judicial review of his dismissal by the School Board. On the date that the matter was originally set for trial, the parties reached a partial compromise and settlement, whereby Couture agreed to dismiss several of his claims against the School Board in exchange for monetary compensation. In this agreement, unlike the plaintiff in our case who released all of his rights/claims against the St. Bernard Parish Sheriffs Department in the underlying personal injury suit by virtue of his execution of a Receipt and Release, Couture agreed to preserve two of his rights. Following a hearing, the trial court rendered judgment reversing the action of the School Board and reinstating Couture to his former position. The School Board appealed, and this Court reversed the trial court’s judgment and reinstated the disciplinary action taken by the School Board in dismissing Couture from his employment. Couture’s attorneys did not take a writ from this decision to the Supreme Court, and as a result, the Fourth Circuit’s decision is now final. Couture subsequently retained new counsel and filed a malpractice claim against Guillory and Clark for their alleged negligence' in failing to seek writs from the Fourth Circuit’s decision. In response, Gu”
1 later decision quote this exact passage“can have no greater rights against his attorneys for the negligent handling of a claim than were available to him in the underlying claim against the School Board.”
1 later decision quote this exact passage
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.