# Jacobs v. Oath for Louisiana, Inc.

> Louisiana Court of Appeal · June 22, 2017 · 2016 La.App. 4 Cir. 1060

URL: https://www.frixlaw.com/law-library/cases/4840264

## Case

- **Full name:** Jamus JACOBS v. THE OATH FOR LOUISIANA, INC.
- **Court:** Louisiana Court of Appeal
- **Decided:** June 22, 2017
- **Citations:** 2016 La.App. 4 Cir. 1060; 221 So. 3d 241; 2017 La. App. LEXIS 1156; 2017 WL 2687411
- **Precedential status:** Published
- **Opinion:** Dissent by Love
- **Judges:** Daniel, Dysart, Jenkins, Landrieu, Lobrano, Love
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4840264

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4840264. Public record. Not legal advice.
