State v. Lambert’s Empirical Analysis

Citation profile

2 federal appellate · 6 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Privileged communications are either absolutely privileged or qualifiedly privileged. The qualified privilege exists where the communication complained of is made in good faith on any subject matter in which the party has an interest or in reference to which he has a duty, either legal, moral, or social, if made to a person having a corresponding interest or duty. Oakes v. Walther, 179 La. 365 , 154 So. 26 .”

   1 later decision quote this exact passage
   e.g. 142 So. 2d 462 - Miller, Smith and Champagne v. Capital City Press

2. “If the privilege is only qualified the onus lies on the plaintiff in a civil suit or on the State in a criminal prosecution of proving actual malice. This may be done either by extrinsic evidence of personal ill feeling or by intrinsic evidence, such as the exaggerated language, the mode and extent of the publication, and other matters in excess of the privilege. Odgers on Libel and Slander, 2d Ed., p. 438.”

   1 later decision quote this exact passage
   e.g. 142 So. 2d 462 - Miller, Smith and Champagne v. Capital City Press

3. “The question as to whether a communication is privileged involves questions of fact as well as of law. State v. Whitmire, 166 La. 195 , 116 So. 849 . Where the facts are not disputed the question of privilege becomes one of law. Odgers on Libel and Slander 2d Ed. § 183, p. 216; Newell on Slander and Libel, 4th Ed., § 345, p. 385.”

   1 later decision quote this exact passage · from the majority
   e.g. 142 So. 2d 462 - Miller, Smith and Champagne v. Capital City Press