NEWS RELEASE # 15
FROM: CLERK OF SUPREME COURT OF LOUISIANA
The Opinions handed down on the 17th day of March,
2006, are as follows:
BY KIMBALL, J.:
LLOYD BADEAUX AND LAURA M. BADEAUX v. SOUTHWEST
COMPUTER BUREAU, INC.(Parish of Ascension)
For all the above reasons, we find plaintiffs have not stated
a cause of action for defamation under La. R.S. 18:1463 and
have not stated a cause of action for the general tort of
defamation. However, this case is remanded to the district
court to allow plaintiffs to amend their petition to state
a cause of action for the general tort of defamation. Therefore,
the district court's judgment granting Southwest's exceptions
of no right of action and no cause of action is reversed.
The district court's declaration of unconstitutionality was
premature and is therefore vacated.
REVERSED IN PART; VACATED IN PART; AND REMANDED.
Retired Judge Robert J. Klees, assigned as Associate Justice
Ad Hoc, for Chief Justice Pascal F. Calogero, recused; and
Retired Judge Lemmie O. Hightower, assigned as Associate Justice
Ad Hoc, for Associate Justice John L. Weimer, recused.