IberiaBank v. Coconut 41, LLC’s Empirical Analysis
2013
Citation profile
1 state decisions
Relationships
Applies 12 U.S.C. § 1821 · 12 U.S.C. § 1823
Relies on D'Oench, Duhme & Co. v. Federal Deposit Insurance · 474 So. 2d 212 - Argonaut Ins. Co. v. May Plumbing Co. · Klay v. United Healthgroup, Inc. · Baumann v. Savers Federal Savings & Loan Assoc. · McCants v. Ford Motor Company Inc
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In a disparagement action the plaintiff must allege and prove the following elements: (1) A falsehood (2) has been published, or communicated to a third person (3) when the defendant-publisher knows or reasonably should know that it will likely result in inducing others not to deal with the plaintiff and (4) in fact, the falsehood does play a material and substantial part in inducing others not to deal with the plaintiff; and (5) special damages are proximately caused as a result of the published falsehood.”
1 later decision quote this exact passage · from the majority“But while a demand and refusal constitute evidence that a conversion has occurred, it is unnecessary to prove a demand and refusal where the conversion can be otherwise shown.”
1 later decision quote this exact passage · from the majority“The generally accepted rule is that demand and refusal are unnecessary where the act complained of amounts to a conversion regardless of whether a demand is made.”
1 later decision quote this exact passage · from the majority
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.