Paternostro v. Falgoust’s Empirical Analysis

Citation profile

13 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. “According to the plain language of La. C.C.P. art. 1463, requests for production of documents may be directed to non-parties. However, the exception to the formal action requirement, found in La. C.C.P. art. 561(B), only applies to formal discovery that is authorized by the Code and served on all parties. See Clark, 003010, p. 6 n. 6, 785 So.2d at 784 n. 6. This requirement of service is in keeping with the'concept of notice, which the supreme court recently addressed as follows: The rule requiring ,a party’s action to be on the record is designed to pro-tecta defendant. The rule is intended to ensure notice to the defendant of actions taken that interrupt abandonment. Clark, 00-3010, at p. 17, 785 So.2d at 790 . Otherwise, actions interrupting abandonment could occur without opposing parties formally learning of them for months or years, to their possible prejudice. Clark, 00-3010 at p. 17, 785 So.2d at 790 . Therefore, we find that in order for request for production of documents to a non-party to be considered a step in the prosecution of a case, it must be served on all parties. In the instant action, plaintiff did not serve Dr. Palgoust with notice as required by La. C.C.P. art. 561(B) and did not file his requests for production of documents to non-parties into the record of the suit. Therefore, we find that plaintiff failed to establish that his requests for production of documents directed to non-parties qualified as steps in the prosecution of his suit.”

   2 later decisions quote this exact passage
   e.g. Giglio v. State, Department of Child & Family Services · 978 So. 2d 1256 - Whitewing and Whitewing Oil Company, LLC v. Energy Drilling Company, Inc.

2. “[a]n action is abandoned when the parties fail to take any step in its prosecution or defense in the trial court for a period of three years, unless it is a succession proceeding . . .”

   2 later decisions quote this exact passage
   e.g. 978 So. 2d 1256 - Whitewing and Whitewing Oil Company, LLC v. Energy Drilling Company, Inc. · 976 So. 2d 234 - Brumfield v. McElwee

3. “The jurisprudence clearly establishes that motions to withdraw or enroll as counsel or to substitute counsel are not considered formal steps before the court in the prosecution of the suit. Such motions grant to counsel the right to take steps, or to prepare to take steps, toward the prosecution or defense of a case, but are not considered steps because they do not hasten the matter to judgment,”

   1 later decision quote this exact passage
   e.g. 976 So. 2d 234 - Brumfield v. McElwee