Legal Opinion

Williams v. Hartford Fire Insurance

District Court, M.D. Louisiana

Decided June 3, 1981No. Civ. A. No. 80-71-BPublished

1Opinion of the Court

POLOZOLA, District Judge:

This diversity suit for defamation presents the following legal issue on which the Louisiana state courts have written conflicting opinions: must a person who has been defamed by the pleadings in a lawsuit await the termination of that suit before filing a suit for defamation? For reasons set forth hereinafter, the Court holds that under Louisiana law a cause of action for defamation based on allegations or statements made in a judicial proceeding does not arise or come into existence until termination of the judicial proceeding in which the alleged defamatory…

2Cases cited27 opinions

  1. Bielkiewicz v. RudisillLouisiana Court of Appeal · 1967
  2. Lees v. SmithLouisiana Court of Appeal · 1978
  3. Lescale v. Joseph Schwartz Co.Supreme Court of Louisiana · 1905
  4. Loew's, Incorporated v. Don George, Inc.Supreme Court of Louisiana · 1959
  5. Thomas v. MobleyLouisiana Court of Appeal · 1960

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