Cited by

Opinions in Louisiana that cite Johnson v. Pearce, 313 So. 2d 812.

58 citing documents.

Stephen Swarthout v. Roger Driggers La. Ct. App. 3d Cir. 2022
Markovich v. Villere 273 So. 3d 333 La. Ct. App. 1st Cir. 2019
5 Cir. 12/28/11) , , 534, ( , 816 (La.
State v. Campos 224 So. 3d 480 La. Ct. App. 2d Cir. 2017
App. 2 Cir. 7/13/11), , (La 1975).
Gaspard v. Provensal 195 So. 3d 1287 La. Ct. App. 1st Cir. 2016
Donald Domingue v. Peggy Sue Wagner La. Ct. App. 3d Cir. 2013
5 Cir. 12/28/11), 82 ( (citation omitted)).
McClanahan v. McClanahan 82 So. 3d 530 La. Ct. App. 1st Cir. 2011
LeBlanc v. PYNES 69 So. 3d 1273 La. Ct. App. 2d Cir. 2011
Cook v. American Gateway Bank 49 So. 3d 23 La. Ct. App. 1st Cir. 2010
the bank “has pursued criminal proceedings against [her] which has [sic ] required her to retain a criminal defense attorney.” Malicious prosecution actions have never been favored in our law
Glynn P. Gremillion v. Anita Grimes Gremillion La. Ct. App. 3d Cir. 2010
take in such cases, as well as the elements to be established, as follows: The Louisiana Supreme Court has stated that “actions of this sort have never been favored” and a “clear case must be established, where the forms of justice have been perverted to the gratification of private malice and the willful oppression of the innocent.”
Gremillion v. Gremillion 43 So. 3d 1063 La. Ct. App. 1st Cir. 2010
129 , addressed the approach the court must take in such cases, as well as the elements to be established, as follows: The Louisiana Supreme Court has stated that “actions of this sort have never been favored” and a “clear case must be established, where the forms of justice have been perverted to the gratification of private malice and the willful oppression of the innocent.”
McClanahan v. McClanahan 27 So. 3d 862 La. Ct. App. 1st Cir. 2009
Malcolm Brasseaux v. Town of Church Point La. Ct. App. 3d Cir. 2007
1 Cir. 6/21/02), as follows: Although the tort of malicious prosecution has been recognized in Louisiana, “[a]ctions of this sort have never been favored, and, in order to sustain them, a clear case must be established, ...”
Brasseaux v. TOWN OF CHURCH POINT 951 So. 2d 522 La. Ct. App. 3d Cir. 2007
Kennedy v. Sheriff of East Baton Rouge 935 So. 2d 669 La. 2006
Ferrant v. Parish of Tangipahoa ex rel. Coroner's Office 822 So. 2d 118 La. Ct. App. 1st Cir. 2002
Although the tort of malicious prosecution has been recognized in Louisiana, “[a]c-tions of this sort have never been favored, and, in order to sustain them, a clear case must be established, ...”
Wiley v. Wiley 800 So. 2d 1106 La. Ct. App. 3d Cir. 2001
SOUTHERN GEN. AGENCY v. Safeway Ins. Co. 769 So. 2d 606 La. Ct. App. 3d Cir. 2000
(citing Sandoz v. Veazie, 106 La.
Arledge v. Sherrill 738 So. 2d 1215 La. Ct. App. 2d Cir. 1999
Craig v. Carter 718 So. 2d 1068 La. Ct. App. 2d Cir. 1998
Terro v. Chamblee, 95-70 (La.App.
Ulmer v. Frisard 694 So. 2d 1046 La. Ct. App. 1st Cir. 1997
Montalvo v. Sondes, supra; (La.
Winn v. City of Alexandria 685 So. 2d 281 La. Ct. App. 3d Cir. 1996
Eusant v. Unity Industrial Life Ins., 195 La.
Zellinger v. Amalgamated Clothing 683 So. 2d 726 La. Ct. App. 2d Cir. 1996
Terro v. Chamblee 663 So. 2d 75 La. Ct. App. 3d Cir. 1995
(citing Sandoz v. Veazie, 106 La.
State v. All Pro Paint & Body Shop, Inc. 639 So. 2d 707 La. 1994
Taylor, 479 So.2d at 341 ; Adams v. State, Dept. of Health and Human Res., Rodriguez, 379 So.2d at 1086 ; Alexandria Fire Fighters, 220 La.
Montalvo v. Sondes 637 So. 2d 127 La. 1994
Joseph v. Cannon 609 So. 2d 838 La. Ct. App. 5th Cir. 1992
Spellman v. Desselles 596 So. 2d 843 La. Ct. App. 4th Cir. 1992
Guillot v. Dockens 539 So. 2d 1301 La. Ct. App. 1st Cir. 1989
In order to be sustained, ‘a clear case must be established, where the forms of justice have been perverted to the gratification of private malice and the willful oppression of the innocent....’ rehearing denied citing from Staub v. Van Benthuysen, 36 La.Ann.
Succession of Walker 533 So. 2d 70 La. Ct. App. 3d Cir. 1988
The six elements of a malicious prosecution action, are: commencement or continuance of an original criminal or civil judicial proceeding; (2) its legal causation by the present defendant against the plaintiff who was the defendant in the original proceeding; (3) its bona fide determination in favor of the present defendant; (4) the absence of probable cause
Joseph v. Cannon 526 So. 2d 372 La. Ct. App. 1st Cir. 1988
and the cases cited therein.
Taylor v. Town of Arcadia 519 So. 2d 303 La. Ct. App. 2d Cir. 1988
Aucoin v. Aetna Cas. & Sur. Co. 520 So. 2d 795 La. Ct. App. 3d Cir. 1987
Miller v. East Baton Rouge Parish Sheriff's Dept. 511 So. 2d 446 La. 1987
Eusant v. Unity Industrial Life Ins., 195 La.
Johnson v. State, Louisiana Department of Agriculture 502 So. 2d 1094 La. Ct. App. 1st Cir. 1986
Goldstein v. Serio 496 So. 2d 412 La. Ct. App. 4th Cir. 1986
Wattigny v. Lambert 490 So. 2d 1115 La. Ct. App. 3d Cir. 1986
Miller v. East Baton Rouge Parish Sheriff's Department 492 So. 2d 23 La. Ct. App. 1st Cir. 1986
Blackwell v. Blackwell 479 So. 2d 1085 La. Ct. App. 3d Cir. 1985
Adams v. STATE, DEPT. OF HEALTH & HUMAN RESOURCES 458 So. 2d 1295 La. 1984
State v. Union Tank Car Company, supra; City of Lake Charles v. Wallace, 247 La.285
Hunt v. Chapman 458 So. 2d 206 La. Ct. App. 1st Cir. 1984
states that “only the grossest negligence or arbitrary and capricious conduct on their [public officials] part will support a claim of malicious prosecution.” (p. 816, emphasis supplied).
Jones v. Soileau 448 So. 2d 1268 La. 1984
Eusant v. Unity Industrial Life Ins., supra.
O'CONNER v. Hammond Police Dept. 439 So. 2d 558 La. Ct. App. 1st Cir. 1983
State v. Union Tank Car Co. 439 So. 2d 377 La. 1983
a case in which the legislature had delegated authority to the Livestock Sanitary Board to promulgate rules and regulations necessary to combat the spread of brucellosis among cattle.
Butler v. Koppenol 424 So. 2d 1238 La. Ct. App. 1st Cir. 1982
Leaman & Co., Inc. v. Victory Iron Works 411 So. 2d 666 La. Ct. App. 4th Cir. 1982
Hibernia National Bank of New Orleans v. Bolleter, supra; .
Darbonne v. Sonic Drive-In 405 So. 2d 643 La. Ct. App. 1st Cir. 1981
Louisiana Division of the Horsemen's Benevolent & Protective Ass'n v. Louisiana State Racing Commission 391 So. 2d 589 La. Ct. App. 4th Cir. 1980
stated at 818: “This delegation is not a delegation of legislative power.
Hibernia Nat. Bank of New Orleans v. Bolleter 390 So. 2d 842 La. 1980
State v. Rodriguez 379 So. 2d 1084 La. 1980
For examples of delegations of legislative authority to administrative boards which have been upheld as within the police power of the state, (La.
Onwukwe v. Kroger Co. 380 So. 2d 148 La. Ct. App. 1st Cir. 1979