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← 311 So. 2d 13 - Calvert v. Simon

311 So. 2d 13 - Calvert v. Simon’s Empirical Analysis

1975

Citation profile

18
cited by 18 later decisions
1
states following
May 2011
most recently cited

16 state decisions

How this case has been cited

Cited by 18 later decisions — most recently May 2011

16 state decisions

7019751980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Bienvenu v. Angelle · Loew's, Incorporated v. Don George, Inc. · Lescale v. Joseph Schwartz Co. · Waldo v. Morrison · Manuel v. Deshotels

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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “"It is also well settled in the jurisprudence of this state that an action for libelous statements made by a party litigant cannot be maintained until the proceeding in which such allegations are made has terminated, as the cause of action does not arise until the party making the allegations has had the opportunity of proving the truth of the allegations in the proceedings in which they are made. See Manuel v. Deshotels et al., 160 La. 652 , 107 So. 478 . And it is also well settled in our jurisprudence that an action for defamatory allegations cannot be made the basis for damages by a reconventional demand until the final termination of the main demand, and that such claim for damages are premature; that the claim for damages comes in esse only after the litigant making the charges has been given an opportunity to prove them in the suit in which they are made and has failed to make such proof. See Howard v. Coyle et al., 163 La. 257 , 111 So. 697 ; Thompson & Co. v. Gosserand, 128 La. 1029 , 55 So. 663 ."”
    6 later decisions quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.