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Defamation Litigation Privilege

Defamation is a false statement, either written or oral, that harms the reputation of another person. In order to recover for defamation, a victim must establish that 1) the statement was false 2) the statement... more +
Defamation is a false statement, either written or oral, that harms the reputation of another person. In order to recover for defamation, a victim must establish that 1) the statement was false 2) the statement was communicated or published to a third party 3) the defendant caused the statement to be communicated or published, either intentionally or at least negligently 4) some harm was suffered as a result. less -
BCLP

Understanding the Litigation Privilege

BCLP on

The litigation privilege insulates communications made by lawyers and their clients during, and in some circumstances, prior to judicial or quasi-judicial proceedings from defamation and other tort claims. ...more

Buckingham, Doolittle & Burroughs, LLC

The "Privilege" Defense in a Defamation Case

Before filing any civil lawsuit, it is important to consider the possible defenses your opponent may raise. This is particularly important is cases involving defamation, a civil claim that arises from the negligent,...more

Farrell Fritz, P.C.

Freedom (But with Consequences): In Delaware, Absolute Litigation Privilege Inapplicable to Nullify Contractual Non-Disparagement...

Farrell Fritz, P.C. on

The absolute litigation privilege is a long-standing legal principle that statements made during the course of a judicial proceeding by participants in the proceeding (whether parties, attorneys, witnesses, or judges) are...more

Hinshaw & Culbertson - Lawyers for the...

Absolute Litigation Privilege Bars Claims Stemming From Communications Related to Litigation

Michael Qualizza v. Neil D. Freeman, et al., 2024 IL App (1st) 231534-U (July 26, 2024) - Brief Summary - The First District Appellate Court in Illinois reaffirmed the broad scope of the absolute litigation privilege in...more

Carlton Fields

“Judicial Statements Privilege” Protects Statements in Court-Ordered Arbitration From Defamation Claims

Carlton Fields on

The Kentucky Supreme Court affirmed the dismissal of a defamation action based on statements made during a court-ordered arbitration. The “judicial statements privilege,” as it’s known in Kentucky, provides an “absolute...more

Goulston & Storrs PC

Law of the Land - Real Estate Litigation Newsletter - November 2021, Volume I, Issue X

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CASES OF NOTE - CONVEYANCE OF PROPERTY RESULT OF MUTUAL MISTAKE - Thomas v. Medeiros, 100 Mass. App. Ct. 1106 (2021) - The Massachusetts Appeals Court recently affirmed a determination by the Land Court that a...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Reprimands Lawyer for Misconduct in Deposition

On August 25, 2017, Justice Shirley Werner Kornreich of the New York Commercial Division entered an order reprimanding a high-profile lawyer, Mark Geragos, for misconduct during a deposition, including refusing to answer...more

Melito & Adolfsen

In Front, Inc. v. Khalil, NY Court of Appeals refuses to extend absolute immunity from defamation claims accorded litigation...

Melito & Adolfsen on

Answering the open question of whether pre-litigation communications by attorneys are entitled to the same absolute privilege from defamation claims as litigation communications, the Court of Appeals has just held that they...more

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