Opinion

Jacobs v. Oath for Louisiana, Inc.

  • 2016 La.App. 4 Cir. 1060
  • 221 So. 3d 241
  • 2017 La. App. LEXIS 1156
  • 2017 WL 2687411
Court
Louisiana Court of Appeal
Filed
Jun 22, 2017
Status
Published
Author
Love
On the bench
Daniel, Dysart, Jenkins, Landrieu, Lobrano, Love
Cited by
0 cases
Authority
More cited than 17.6%

The opinion

LOVE, J.,

DISSENTS AND ASSIGNS REASONS.

|iaI respectfully dissent from the majority, in that I find the statements made by both the Scheur defendants and the DOI defendants could be viewed as factual by an ordinary reasonable person. Some statements of opinion can also become defamatory. “[I]f a statement of opinion implies that certain facts exist, then such a statement, even though couched in terms of an opinion, could certainly give rise to a defamation action if the implied factual assertions are defamatory and false.” Fitzgerald v. Tucker, 98-2313 (La. 6/29/99), 737 So.2d 706, 717 . Accordingly, I find that the statements are therefore capable of a defamatory meaning, thereby leaving factual determinations for the factfinder that preclude summary judgment. As such, I would reverse the trial court’s judgments and remand the matter for trial.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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