Cited by
Opinions in Louisiana that cite Freeman v. Cooper, 414 So. 2d 355.
- Patrick M. Wartelle v. Ellen Mintz La. Ct. App. 3d Cir. 2022
- John Stewart Gentry v. Paul D. Spillers La. Ct. App. 1st Cir. 2021
- Philip Shelton v. Nancy Pavon 236 So. 3d 1233 La. 2017
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Wilbert J. Saucier, Jr. v. Robert E. Washington, Sr.
La. Ct. App. 3d Cir. 2017
As the supreme court has observed on a number of occasions, ―[l]itigants must be free to allege facts constituting inappropriate conduct if there is any reasonable basis for such allegations and the misconduct is relevant to the 21 proceeding.‖ Id.
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Saucier v. Washington
229 So. 3d 19
La. Ct. App. 1st Cir. 2017
As the supreme court has observed on a number of occasions, “[ljitigants must be free to allege facts constituting inappropriate conduct if there is any reasonable basis for such allegations and the misconduct is relevant to the | ^proceeding.” Id.
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Sullivan v. Malta Park
156 So. 3d 1200
La. Ct. App. 1st Cir. 2014
(noting that “[i]n other jurisdictions, a defamatory statement by an attorney in a judicial proceeding is absolutely privileged, if the statement has some relation to the proceeding,” but in Louisiana the privilege is a qualified one); 1 Robert D. Sack, SACK ON DEFAMATION § 8:2.1 (4th ed. 2013) (noting
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Jalou II, Inc. v. Liner
43 So. 3d 1023
La. Ct. App. 1st Cir. 2010
As the supreme court has observed on a number of occasions, “[l]itigants must be free to allege facts constituting inappropriate conduct if there is any reasonable basis for such allegations and the misconduct is relevant to the proceeding.” Id.
- Killian v. Irving 34 So. 3d 1167 La. Ct. App. 1st Cir. 2010
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Newcomer v. Bennett
27 So. 3d 858
La. Ct. App. 1st Cir. 2009
Furthermore, the Supreme Court held that “an attorney in Louisiana cannot make disparaging statements, either in pleadings, briefs or arguments, if the defamatory statements are not pertinent to the case or are made maliciously or without reasonable basis.”
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Tatum v. Orleans Parish School Bd.
982 So. 2d 923
La. Ct. App. 4th Cir. 2008
Trentecosta v. Beck, 96-2388, p. 7 (La.10/21/97), (citing Restatement (Second) of Torts § 559 cmt.(e) (1977))
- Thinkstream, Inc. v. Rubin 971 So. 2d 1092 La. Ct. App. 1st Cir. 2007
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Palmer v. Ameriquest Mortgage Co.
945 So. 2d 294
La. Ct. App. 2d Cir. 2006
Not only the party, but also his attorney, may be liable for defamation if the attorney makes defamatory statements “maliciously or without reasonable basis.” (La.App.
- Eschete v. Hildebrand 930 So. 2d 196 La. Ct. App. 5th Cir. 2006
- Carrol J. Vincent v. Amanda Cannon Miller La. Ct. App. 3d Cir. 2004
- Vincent v. Miller 867 So. 2d 780 La. Ct. App. 1st Cir. 2004
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Costello v. Hardy
864 So. 2d 129
La. 2004
[12] See and compare, wherein the plaintiff attorney was accused of lying to the court, acting "above and beyond the law" and of being "outside of the law," in addition to acting surreptitiously in an effort to take advantage of a recently elected judge.
- Lentini v. NLLS 841 So. 2d 1017 La. Ct. App. 2d Cir. 2003
- Connor v. Scroggs 821 So. 2d 542 La. Ct. App. 2d Cir. 2002
- Rogers v. Ash Grove Cement Co. 799 So. 2d 841 La. Ct. App. 2d Cir. 2001
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Fitzgerald v. Tucker
737 So. 2d 706
La. 1999
Trentecosta, 703 So.2d at 559 (citing Restatement (Second) of Torts § 559 cmt.(e) (1977))
- Milling, Benson, Woodward, Hillyer, Pierson & Miller L.L.P. v. American Marine Holding Co. 729 So. 2d 139 La. Ct. App. 1st Cir. 1999
- Arledge v. Hendricks 715 So. 2d 135 La. Ct. App. 2d Cir. 1998
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Bell v. Rogers
698 So. 2d 749
La. Ct. App. 2d Cir. 1997
4th Cir.1980), affirmed, Garrett v. Kneass, supra, 482 So.2d at 882 ; Trahan v. Ritterman, 368 So.2d at 185-86 ; Rennier v. State Dept. of Public Safety, 428 So.2d at 1264 ; (La.App.
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Kosmitis v. Bailey
685 So. 2d 1177
La. Ct. App. 2d Cir. 1996
4th Cir.1980), affirmed, Garrett v. Kneass, supra, 482 So.2d at 882 ; Trahan, supra, 368 So.2d at 185-86 ; Rennier, supra, 428 So.2d at 1264 ; (La.App.
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Butler v. Reeder
615 So. 2d 1120
La. Ct. App. 5th Cir. 1993
Additionally, however, a qualified privilege exists for allegedly defamatory statements made by counsel in pleadings where the statements are pertinent to the case or are made with probable cause or without malice.
- Gugliuzza v. KCMC, INC. 606 So. 2d 790 La. 1992
- Wright v. Dollar General Corp. 602 So. 2d 772 La. Ct. App. 2d Cir. 1992
- Davis v. Southern Sav. Ass'n 557 So. 2d 1011 La. Ct. App. 4th Cir. 1990
- Miskell v. Ciervo 557 So. 2d 274 La. Ct. App. 4th Cir. 1990
- 210 Baronne Street Ltd. Partnership v. First National Bank of Commerce 543 So. 2d 502 La. Ct. App. 1st Cir. 1989
- Bussie v. Lowenthal 535 So. 2d 378 La. 1988
- Matherne v. Response Instrument Service & Engineering Corp. 533 So. 2d 1011 La. Ct. App. 1st Cir. 1988
- Jacobs v. O'Bannon 531 So. 2d 562 La. Ct. App. 1st Cir. 1988
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Gorman v. Swaggart
524 So. 2d 915
La. Ct. App. 4th Cir. 1988
4th Cir. 1985), writ denied (La.
- Muslow v. AG Edwards & Sons, Inc. 509 So. 2d 1012 La. Ct. App. 2d Cir. 1987
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Goldstein v. Serio
496 So. 2d 412
La. Ct. App. 4th Cir. 1986
4th Cir.1980), writ granted, judgment affirmed, (1982); Bienvenu v. Angelle, 254 La.
- Elmer v. Coplin 485 So. 2d 171 La. Ct. App. 2d Cir. 1986
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Lemeshewsky v. Dumaine
464 So. 2d 973
La. Ct. App. 4th Cir. 1985
the Court noted: A communication is defamatory if it tends to harm the reputation of another so as to lower him in the estimation of the community.