Coates v. Akerman, Senterfitt & Eidson’s Empirical Analysis

Citation profile

10 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Thus, for waiver to occur under the at issue doctrine, the proponent of a privilege must make a claim or raise a defense based upon the privileged matter and the proponent must necessarily use the privileged information in order to establish its claim or defense. Here, the clients have asserted claims for damages based on the advice they received from the lawyers. The clients’ claims are not based on the advice they received from their other counsel, and the lawyers have not shown that the clients must necessarily introduce communications with other counsel to prove their claims against the lawyers.”

   1 later decision quote this exact passage
   e.g. Guarantee Insurance v. Heffernan Insurance Brokers, Inc.

2. “in the hope that they will contain information helpful to the lawyers’ defense or third-party claims.” Id. at 508 . Noting that the law firm had not demonstrated that their former clients would”

   1 later decision quote this exact passage
   e.g. Maplewood Partners, L.P. v. Indian Harbor Insurance

3. “When an order directs disclosure of information that is allegedly privileged, `[t]he next question is whether the order departs from the essential requirements of law.'”

   1 later decision quote this exact passage
   e.g. Wilder v. Wilder