754 So. 2d 1038 - Carroll v. Wolfe’s Empirical Analysis

Citation profile

1 federal appellate · 11 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The suit arises from a legal malpractice claim asserted by the plaintiff against the defendant in connection with her representation of Straub in a suit to enforce a security interest filed by Blue View Corporation, as well as a subsequent bankruptcy. As a result of the alleged acts of legal malpractice in the Blue View matter and his 2006 bankruptcy, Mr. Straub contends that he suffered entry of an in personam judgment on a claim that was discharged in his 2000 Chapter 7 bankruptcy case, as well as the damages in the form of costs and attorney’s fees and emotional distress. In the instant motion, the defendant contends that Straub’s claims for legal malpractice are preempted [sic] under [La. R.S.] 9:5605 which provides a one-year peremptive period for legal malpractice claims.... [[Image here]] Accrual of the one-year peremptive period set forth in [La. R.S. 9:5605] commences when a claimant knew or should have known of the existence of the facts that would have enabled him to state a cause of action for legal malpractice. Ignorance of one’s right from those facts will not toll prescription. The reasonable man is used to determine whether the plaintiff had sufficient knowledge of the existence of those facts that would give legal rise to the malpractice action. Mr. Straub began investigating possibly hiring a new counsel due to his dissatisfaction with the representation of Ms. Richardson in November of 2006; see the deposition of David Straub. Mr. Straub did, in fact, have ”

   1 later decision quote this exact passage
   e.g. Straub v. Richardson

2. “However, with respect to any alleged act, omission, or neglect occurring prior to July 1, 2004, actions shall, in all events, be filed in a court of competent jurisdiction and proper venue on or before July 1, 2007, without regard to the date of discovery of the alleged act, omission, or neglect.”

   1 later decision quote this exact passage
   e.g. 997 So. 2d 23 - McGuire v. Mosley Rogers Title Co., LLC

3. “commences to run when a claimant knew or should have known of the existence of facts that would have enabled him to state a cause of action for legal malpractice.”

   1 later decision quote this exact passage
   e.g. 806 So. 2d 110 - Perez v. Trahant