Only living people can file invasion of privacy claims in Louisiana

In Tatum v. New Orleans Aviation Board, 40 Media L. Rep. 1649 (La. App. Apr. 11, 2012), the plaintiff alleged that an image of his late mother, Ellyna C. Tatum, was improperly used in a mural on the walls of the New Orleans International Airport terminal. Mr. Tatum sought damages of more than $14 million, claiming that the airport reproduced the mural in the form of posters, fine art prints, and postcards “for monetary sale” without obtaining his consent. The Court of Appeals of Louisiana dismissed the challenge, however, finding that a cause of action for the tort of invasion of privacy may not be asserted on behalf of the deceased.