MISKELL v. CIERVO

No. 89-CA-0307.

557 So.2d 274 (1990)

A.B. MISKELL v. Anthony CIERVO, Jr. et al.

Court of Appeal of Louisiana, Fourth Circuit.

January 16, 1990.


Attorney(s) appearing for the Case

Edward R. Drury, Jefferson, for plaintiff-appellant A.B. Miskell.

Lemle, Kelleher, Kohlmeyer, Dennery, Hunley, Moss & Frilot, Paul B. Deal, New Orleans, for defendants-appellees Anthony Ciervo, Jr., et al.

Before KLEES, WARD and ARMSTRONG, JJ.


KLEES, Judge.

The plaintiff, A.B. Miskell, appeals a judgment in favor of Allan M. Katz and A. Thomas Westall, Jr. which maintained an Exception of No Cause of Action on a claim of defamation. The primary issue is whether comments made in judicial proceedings may be actionable as defamatory when they imply that the plaintiff may be liable for insurance fraud by filing a claim. A lesser issue raised by appellant is whether the sustaining of an exception of no cause...

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