Ortiz v. Barriffe’s Empirical Analysis
1988
Citation profile
13 state decisions
How this case has been cited
Cited by 13 later decisions — most recently August 2017
13 state decisions
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 340 So. 2d 287 - Mitchell v. Bertolla · 307 So. 2d 287 - Robinson v. Goudchaux's · 390 So. 2d 842 - Hibernia Nat. Bank of New Orleans v. Bolleter · Sunlife Investors, Inc. v. Geller · 393 So. 2d 94 - Union Service & Maintenance Co. v. Powell
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“an action for defamation arising out of allegations made in judicial proceeding [sic], and made against a party to those proceedings, cannot be brought until those proceedings are terminated.”
2 later decisions quote this exact passage“Malicious prosecution was not asserted in Ortiz’s reconventional demand, nor could it be. The material fact supporting that claim was the unsuccessful prosecution by Barriffe and Ware of them suit against Ortiz. This claim could not be asserted until that lawsuit terminated. This reasoning is consistent with the well settled jurisprudence which holds “[tjermination of civil proceeding which are contended to have been maliciously prosecuted is an essential element for a successful action for malicious prosecution.””
1 later decision quote this exact passage“John Citizen when named a defendant usually reacts with a desire to sue for the insult. However, by the conclusion of trial, his temper has generally cooled and he is happy to be free of the court system. Encouraging a countersuit for defamation in each and every lawsuit discourages legitimate claims and burdens the courts unnecessarily.”
1 later decision 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.