Smith v. St. Paul Fire & Marine Insurance
Court of Appeals for the Fifth Circuit
1Opinion of the Court
JOHN R. BROWN, Chief Judge:
Both parties to this appeal from the trial court’s order, D.C., 344 F.Supp. 555, entering a summary judgment in favor of the defendant attorneys (and their insurer) agree that the correct Louisiana standard of care to be applied in an attorney malpractice1 suit was succinctly enunciated by the Louisiana Court of Appeals in Ramp v. St. Paul Fire & Marine Insurance Co., La.App., 1971, 254 So.2d 79, 82:
“When an attorney at law undertakes litigation on behalf of a client, he impliedly represents that he possesses the requisite degree of learning, skill and ability…
2Cases cited16 opinions
- Cook & Nichol, Inc. v. The Plimsoll Club, Leo S. WeilCourt of Appeals for the Fifth Circuit · 1971
- Braniff v. Jackson Ave.-Gretna Ferry, Inc.Court of Appeals for the Fifth Circuit · 1960
- Captain Tom Barber v. The Motor Vessel "Blue Cat", a 32' Catamaran, Her Engines, Apparel, Tackle and EquipmentCourt of Appeals for the Fifth Circuit · 1967
- Gauck v. MeleskiCourt of Appeals for the Fifth Circuit · 1965
- Clifford H. Robbins v. Milner Enterprises, Inc.Court of Appeals for the Fifth Circuit · 1960
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3Cited by4 opinions
- Edgar D.. Smith v. St. Paul Fire & Marine Insurance CompanyCourt of Appeals for the Fifth Circuit · 1973
- Edgar D. Smith and Hugh E. Smith, Etc. v. St. Paul Fire and Marine Insurance Company, No. 74-1843. Summary Calendar. Rule 18, 5th Cir. See Isbell Enterprises, Inc. v. Citizens Casualty Co. Of N.Y., 431 F.2d 409 (5th Cir. 1970), Part ICourt of Appeals for the Fifth Circuit · 1974
- Hubert Leboeuf v. Gulf Oil CorporationCourt of Appeals for the Fifth Circuit · 1981
- Smith v. St. Paul Fire & Marine InsuranceCourt of Appeals for the Fifth Circuit · 1974