Absolute privilege covers lawyers in defamation suit
An absolute privilege extends to lawyers who released a complaint to the press before filing it with the court and made statements to the press about the suit, Maryland’s highest court has ruled....
View ArticlePrivilege encompasses attorney discipline proceeding
A state litigation privilege provides absolute immunity to defendants sued for initiating an allegedly baseless disciplinary proceeding against an attorney, the Kentucky Supreme Court has ruled. GMAC...
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Lab can be sued for negligent DNA testing
The litigation privilege does not protect a laboratory from liability for negligent DNA testing, the Oklahoma Supreme Court has ruled in reversing a summary judgment for the lab. The plaintiff sought...
View ArticleBenchmarks: Is attorney liable for defamatory statements in draft complaint?
An absolute privilege protects attorneys from being sued for defamatory statements made in the course of litigation. But what about defamatory materials appearing in a draft complaint circulated before...
View ArticleBenchmarks: Is attorney liable for pre-litigation remarks to press?
Lawyers are generally free to speak their minds in the course of litigation without fear of being sued for defamation. But courts are still grappling with just how far to extend this privilege to...
View ArticleBenchmarks: Law firm immune in search of party’s home
The Utah Supreme Court has extended the state’s litigation privilege to conduct, meaning a law firm and its attorneys were immune from tort claims arising from the search of a home pursuant to...
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Litigation privilege doesn’t bar legal malpractice suit
The litigation privilege does not preclude a malpractice claim against a lawyer who allegedly made statements that jeopardized his client’s professional liability coverage, the New Jersey Appellate...
View ArticleBenchmarks: Litigation privilege barred attorney fraud claims
Five Connecticut divorce lawyers have convinced the state’s high court that they enjoyed absolutely immunity when sued for fraudulently concealing the assets of a client. “Attorneys are protected by...
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