Trials & Litigation
Lawyer’s defamation declare towards attorneys who obtained sanctions is revived by fifth Circuit
October 13, 2025, 2:54 pm CDT
A lawyer’s defamation declare, introduced towards two exterior counsel for Louisiana State College, has been revived by the fifth U.S. Circuit Court docket of Appeals. (Photograph by Schooling Photographs/Common Photographs Group by way of Getty Photographs)
A lawyer’s declare for defamation towards two attorneys who obtained greater than $330,000 in sanctions towards him in a state-court racketeering go well with isn’t barred by the Rooker-Feldman doctrine, a federal appeals court docket has dominated.
The Oct. 8 determination by the New Orleans-based fifth U.S. Circuit Court docket of Appeals revives the lawsuit filed by Larry English in federal court docket over feedback made by the 2 attorneys once they pursued the sanctions.
The sanctions stemmed from English’s lawsuit filed on behalf of a Louisiana State College worker towards a number of defendants, together with the 2 attorneys, Vicki Crochet and Robert Barton. Of their position as exterior counsel for the LSU Board of Supervisors, they investigated the worker’s criticism about college students being sexually assaulted and harassed by a soccer coach. English alleged misconduct through the investigation.
Crochet and Barton obtained sanctions towards English and his shopper on a number of grounds, together with unmerited litigation, abusive litigation ways, “sensational and unsupported public statements to the media” and “speculative interpretation” of invoices by Crochet and Barton’s legislation agency.
The 2 attorneys labored for Taylor Porter Brooks & Phillips.
English characterised one income entry by Taylor Porter within the racketeering lawsuit as “e mail on the standing of scheme to cover” the investigation of the coach, the fifth Circuit stated. The precise entry referred to correspondence with a lawyer and with an LSU worker.
Following the sanctions order, English sued Crochet, Barton and their legislation agency for defamation, negligent infliction of emotional misery, intentional infliction of emotional misery and civil conspiracy. A federal choose within the Center District of Louisiana tossed all of the claims with prejudice. English didn’t attraction dismissal of the declare for negligent infliction of emotional misery however requested the federal appeals court docket to revive the others.
The appeals court docket revived the defamation and conspiracy claims however left intact the dismissal of the declare for intentional infliction of emotional misery.
Beneath the Rooker-Feldman doctrine, decrease federal courts do not need the ability to switch or reverse state court docket judgments except approved by Congress. The important thing problem, the federal appeals court docket stated, is whether or not the supply of the damage alleged in English’s federal lawsuit stems from the state court docket determination itself or the defendants’ actions.
As a result of English’s go well with relies on the attorneys’ alleged conduct throughout sanctions proceedings, the Rooker-Feldman doctrine doesn’t forestall his lawsuit, the appeals court docket stated. The conspiracy declare, which was based mostly on alleged underlying torts, should even be revived together with the defamation declare, in response to the opinion.
Turning to the declare for intentional infliction of emotional misery, the fifth Circuit stated the alleged statements by Crochet and Barton weren’t excessive and outrageous, the usual required below Louisiana legislation.
The alleged statements have been that English fabricated proof and that he was “sophomoric” and “ignorant.”
The appeals court docket additionally stated English couldn’t declare emotional misery over the attorneys’ request that he bear a judgment debtor examination as a result of there isn’t any legal responsibility for insisting on authorized rights in a permissible approach.
Crochet and Barton didn’t instantly reply to the ABA Journal’s requests for remark.
English advised the ABA Journal in an e mail that he’s grateful to the fifth Circuit “for its work in reviewing my attraction based mostly on the details and the legislation.”
“A lawyer fabricating proof violates the prime directive of our career,” he stated, citing a U.S. Supreme Court docket case that referred to as trials a seek for fact. “I maintain the courtroom to be a sacred place and would by no means defile it by fabricating proof. I look ahead to my day in court docket.”
The Louisiana State Bar Affiliation listing lists English as a Louisiana-licensed lawyer with a New York mailing tackle.
Hat tip to Bloomberg Regulation, which lined the panel opinion, written by Decide Jennifer Walker Elrod.
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