Arledge v. Hendricks’s Empirical Analysis

Citation profile

1 federal appellate · 30 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Words which expressly or implicitly accuse another of criminal conduct or which, by their nature, tend to injure one's personal or professional reputation are considered defamatory per se. If the plaintiff proves publication of defamatory per se words, the elements of falsity and malice are presumed although they may be rebutted by the defendant. Injury is also presumed ... Injury may include non-pecuniary or general damages such as injury to reputation, personal humiliation, embarrassment and mental anguish even when no special damage such as a loss of income is claimed.”

   3 later decisions quote this exact passage
   e.g. 867 So. 2d 780 - Vincent v. Miller · 34 So. 3d 959 - Cluse v. H & E Equipment Services, Inc.

2. “... the jurisprudence has set out special requirements for defamation actions based upon pleadings filed by the attorney of one's opponent in litigation.... The policy behind this rule is not to reduce a lawyer's responsibility for his actions, but is to prevent a chilling effect on the adversarial process of representing one's client and to prevent a division of the loyalty an attorney owes the client. Montalvo, supra . The above-stated rule, however, does not prevent an attorney from being sued by his client's opponent. Quoting Penalber v. Blount, 550 So.2d 577 (La.1989), the Montalvo court stated: Intentionally tortious actions, ostensibly performed for a client's benefit, will not shroud an attorney with immunity. Consequently, even though an attorney does not generally owe a duty to his client's adversary, under the broad ambit of LSA C.C. art. 2315, an attorney may be held personally accountable for his intentional tortious conduct ....(citation omitted.) The Montalvo court noted that identifying an intentional tort in the context of an attorney's actions may be more difficult than identifying a traditional intentional tort. The mere filing of a lawsuit, even if the suit appears meritless on its face, is not enough, since the attorney may be simply the instrument through which the client invokes judicial determination. Montalvo, supra . For a petition to state a cause of action against an opponent's attorney, the petition must allege facts showing, on the part of the at”

   1 later decision quote this exact passage
   e.g. 799 So. 2d 841 - Rogers v. Ash Grove Cement Co.

3. “... La. C.C.P. art. 856, in pertinent part, provides: "Malice, intent, knowledge, and other condition of mind of a person may be alleged generally." The official revision comment notes that a person's malice, intent, knowledge or other condition of mind cannot be particularized, can only be raised through a general allegation thereof, and that this has been held to be sufficient under the jurisprudence. See Mayer v. Valentine Sugars, Inc., 444 So.2d 618 (La.1984). Although Arledge's allegation of knowledge of falsity may be considered vague, it is broad enough to require the admission of evidence. [Emphasis added.]”

   1 later decision quote this exact passage
   e.g. 804 So. 2d 856 - Wirthman-Tag Const. Co., LLC v. Hotard