tort

Congratulations to Melick & Porter partners Holly Rogers and Michael Mazurczak for their dispositive motion win as a matter of law in a multi-million dollar defamation/tortious interference with business relations case in federal court. The case involved attorneys as parties on both sides. In addition to statute of limitations arguments, the defense successfully argued that the alleged defamatory statements, which were made in the course of litigation, were protected by the “absolute litigation privilege” and as such, could not form the basis for the Plaintiffs’ defamation or tortious interference causes of action. The Court agreed with the defense that the alleged defamatory statements were ‘material and pertinent’ to the underlying litigation, and were thus absolutely privileged. Further, the Court upheld that defendants’ position that the plaintiffs were prohibited from offering a showing of malice to defeat the privilege, and that plaintiffs’ attempts to utilize the ‘republication’ doctrine similarly did not defeat the absolute litigation privilege. 

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