Legal Opinion

Bernard McLaughlin Cross-Appellee v. Herman & Herman, and Lanny R. Zatzkis, Cross-Appellant

Court of Appeals for the Fifth Circuit

Decided April 6, 1984No. 83-3023PublishedCited by 9 opinions

1Opinion of the Court

JOHN R. BROWN, Circuit Judge:

This is a Louisiana diversity suit alleging legal malpractice. The plaintiff filed suit more than one year but less than ten years after discovering the alleged acts of malpractice. The District Court dismissed the suit by summary judgment, holding that the one year prescription for tort actions applied to legal malpractice claims, and therefore the action had prescribed. Because we agree that the one year prescriptive period for torts is applicable to this case, we affirm.

The District Court reached no issue other than the applicability of the one year…

2Cases cited16 opinions

  1. Chevron Oil Co. v. HusonSupreme Court of the United States · 1971
  2. Cipriano v. City of HoumaSupreme Court of the United States · 1969
  3. Ramp v. St. Paul Fire and Marine Insurance CompanySupreme Court of Louisiana · 1972
  4. Stephen J. Kozan v. Dr. Glenn E. ComstockCourt of Appeals for the Fifth Circuit · 1959
  5. Cherokee Restaurant, Inc. v. PiersonLouisiana Court of Appeal · 1983

11 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Alvin Elzy v. Warden Roberson, House of DetentionCourt of Appeals for the Fifth Circuit · 1989
  2. Hulin v. Fibreboard Corp.Court of Appeals for the Fifth Circuit · 1999
  3. Blanchard v. ReevesLouisiana Court of Appeal · 1985
  4. Sherman v. Touro Infirmary HospitalLouisiana Court of Appeal · 2002
  5. Merchants National Bank & Trust Co. Of Indianapolis v. Smith, Hinchman & Grylls Associates, Inc. And the Mathes GroupCourt of Appeals for the Fifth Circuit · 1989

4 more not listed; retrieve them via the Exa API.

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