The old Disney adage from the original Bambi movie, “If you don’t have anything nice to say, don’t say anything at all,” is probably wise life advice. Still, when it comes to legal advice, any good attorney will tell you, “if you can’t establish the falsity of the claims said about you, then you likely don’t have a defamation claim.” Nevertheless, after some not-so-nice comments appeared in a local newspaper article detailing a Louisiana attorney’s alleged outburst outside a courtroom, he sued for defamation. Still, the courts were ultimately unconvinced by his arguments.
Attorney Martin Regan (“Regan”) represented St. Bernard Parish President David Peralta (“Peralta”) in a case involving multiple criminal indictments, including perjury and filing false records related to using campaign funds for his personal gambling. A grand jury found Peralta guilty on those charges brought by the District Attorney’s Office with the help of Assistant Attorney Generals David Caldwell (“Caldwell”) and Molly Lancaster (“Lancaster”). At some point during or after the proceedings, Regan confronted Lancaster about an issue in the case. According to Caldwell, the conversation between the attorneys escalated to Regan threatening Lancaster and swearing at her.
Caldwell shared his version of the events he witnessed with the New Orleans Advocate, which published his account in a newspaper article. In part, Caldwell was quoted stating that Regan was “threatening his female assistant,” “dropping F-bombs on her,” and thought that if he had gotten close enough to Regan, “he might have taken a swing at [Caldwell].” The newspaper also reached out to Regan for his comments, who, after calling Caldwell a “liar,” continued to state that he “didn’t lose his cool” and “never swore at anybody.” After that, Regan filed a lawsuit against Caldwell, the State Attorney General, and the Office of the Attorney General, seeking damages for defamation.