Upload a complaint or brief to quickly find on-point case law.
CARA A.I. uses the facts and legal issues in your document to find relevant authorities.
Drag a complaint or brief hereUpload a complaint or briefPDF documentWORD documentTXT documentOr, choose a document to uploadChoose DocumentSecure
Find on-point cases faster with CARA A.I.
§

Geddie v. St. Paul Fire Marine Ins. Co.

354 So. 2d 718 (La. Ct. App. 1978)
Depth of Treatment
Newest to Oldest
Oldest to Newest
Cite Count
Geddie v. St. Paul Fire Marine Ins. Co.

4 Citing cases

  1. Paulsen v. Cochran

    356 Ill. App. 3d 354 (Ill. App. Ct. 2005)   Cited 23 times
    Rejecting guilty defendant's claim that he should be permitted to sue his attorney for alleged negligence that resulted in a denial of probation

    Berringer, 133 Md. App. at 508, 758 A.2d at 610. Paulsen also cites a Louisiana appellate court case, Geddie v. St. Paul Fire Marine Insurance Co., 354 So. 2d 718 (La.App. 1978). There, the court recalculated the amount of damages awarded to a criminal defendant who succeeded in a legal malpractice suit "arising from his unlawful confinement in the penitentiary under a four-year sentence for a crime which had a maximum penalty of two years."

  2. Lawson v. Nugent

    702 F. Supp. 91 (D.N.J. 1988)   Cited 10 times   1 Legal Analyses
    Holding plaintiff was allowed to offer proof of emotional distress in a legal malpractice action alleging plaintiff spent twenty extra months in maximum security prison because of his attorney's negligence

    This case presents an issue which few courts have addressed. In Geddie v. St. Paul Fire Marine Ins. Co., 354 So.2d 718 (La.App. 1978), cert. denied, 356 So.2d 1011 (La. 1978), plaintiff prevailed in a legal malpractice action, recovering emotional distress damages for his unlawful confinement. The damages award was based upon prison confinement under a four-year sentence for a crime which had a maximum penalty of two years.

  3. Berringer v. Steele

    133 Md. App. 442 (Md. Ct. Spec. App. 2000)   Cited 72 times
    Holding that a plaintiff filing a legal malpractice claim based on representation in a criminal case "must ... comply with the limitations period of [Md. Code Ann., Cts. & Jud. Proc.] § 5-101," even if post-conviction proceedings have not yet concluded

    " 3 Mallen Smith, supra, § 25.14 (Supp. 1999) (footnote omitted); cf. Lawson v. Nugent, 702 F. Supp. 91 (D.N.J. 1988); Geddie v. St. Paul Fire Marine Ins. Co., 354 So.2d 718 (La. Ct. App.), writ denied, 356 So.2d 1011 (La. 1978). But cf. Howarth v. State, 925 P.2d 1330 (Alaska 1996).

  4. Kohn v. Schiappa

    281 N.J. Super. 235 (Law Div. 1995)   Cited 9 times
    Permitting recovery of emotional distress damages in cases of legal malpractice where attorney is retained for non-economic purposes

    Similar conclusions have at least been implicitly reached in other jurisdictions as well. See e.g., Geddie v. St. Paul Fire Marine Ins. Co., 354 So.2d 718 (La.App. 1978) cert. denied, 356 So.2d 1011 (La. 1978) (emotional distress damages for wrongful confinement implicitly approved); Bowman v. Doherty, 235 Kan. 870, 686 P.2d 112 (1984) (lower court's ruling limiting proof of damages in a legal malpractice action to actual physical injury reversed); Delesdernier v. Porterie, 666 F.2d 116 (5th Cir.), cert. denied, 459 U.S. 839, 103 S.Ct. 86, 74 L.Ed.2d 81 (1982) (emotional distress damages implicitly approved where the attorney negligently withdrew from a case); Wagenmann v. Adams, 829 F.2d 196 (1st Cir. 1987) (emotional distress damages approved where plaintiff wrongly confined to a psychiatric hospital as a result of attorney's malpractice). Likewise, in Henderson v. Domingue, 626 So.2d 555, 559 (La.App. 3rd Cir. 1993), writ denied, 630 So.2d 799 (La. 1994), a legal malpractice action predicated on counsel's failure to prosecute a United States Tax Court action, plaintiff's serious aggravation, his grave concern and embarrassment, and the damage suff