Thomas v. Cleary’s Empirical Analysis

Citation profile

1 federal appellate · 4 district · 18 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) the duty of the professional to use such skill, prudence, and diligence as other members of the profession commonly possess and exercise; (2) a breach of that duty; (3) a proximate causal connection between the negligent conduct and the resulting injury; and (4) actual loss or damage resulting from the professional's negligence.”

   2 later decisions quote this exact passage
   e.g. Rino v. Mead · Rino v. Mead

2. “the record establishes that the IRS has never sent the Clearys a deficiency notice nor imposed any tax assessment as a result of the failure to file their 1977 corporate tax returns.” While the decision did not involve a sanction it does demonstrate that the cause was dismissa-ble when it was filed with the attendant potential for the imposition of sanctions. 4 . As late as October 31, 1985, the question of what loss the plaintiffs had sustained was still unsettled. Holmes died in April 1984 and his successor protested the interest charge by filing a”

   1 later decision quote this exact passage
   e.g. Wynn v. Estate of Holmes

3. “The mere breach of a professional duty, causing only nominal damages, speculative harm, or the threat of future harm-not yet realized-does not suffice to create a cause of action for negligence. Hence, until the client suffers appreciable harm as a consequence of [the professional's] negligence, the client cannot establish a cause of action for malpractice.[ 9 ]”

   1 later decision quote this exact passage
   e.g. Christianson v. Conrad-Houston Insurance