The Alberta Court of King’s Bench, in Tuharsky v. O’Chiese First Nation and Poole Lawyers, has ruled that it is a triable issue as to whether a third party can commence an action for defamation arising from statements made in...more
Addressing when Illinois law’s “absolute litigation privilege” bars certain counterclaims, the US Court of Appeals for the Federal Circuit affirmed a district court’s summary judgment finding that the plaintiff lacked a valid...more
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
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
During the divorce proceedings of Stacy and Dru Goodman, Stacy discovered that Dru had hired investigators to surveil her for over three years. After the conclusion of divorce proceedings, Stacy filed suit against Dru...more
Bedin v. Northwestern Memorial Hosp., 2021 IL App (1st) 190723-U - An Illinois appellate court affirmed the dismissal of plaintiff's intentional infliction of emotional distress (IIED) claim based on the absolute litigation...more
One developing area of Florida law is whether a public official can be held liable for defamation for statements written by an official on Facebook, Instagram, other social media sites, or a blog. This developing area is...more
In a precedential decision issued on April 14, the U.S. Court of Appeals for the Third Circuit affirmed dismissal of defamation and false light invasion of privacy claims brought against Newsweek by a politically active minor...more
Ritchie CT Opps, LLC v. Huizenga Managers Fund, LLC, C.A. No. 2018-0196-SG (Del. Ch. May 30, 2019). The absolute litigation privilege is an affirmative defense that bars claims arising from statements made in the course...more
It’s simply in the nature of things that business divorce litigants tend to accuse one another of all manner of heinous, dastardly misdeeds. Phrases like “oppression,” “fraud,” “deceit,” “theft,” “siphoning” of assets,...more
The Texas Supreme Court ruled last week that a party accused of stealing trade secrets does not have an absolute right to be present in the courtroom for the entirety of a preliminary injunction hearing when the trade secrets...more
You may remember the 2013 Texas Court of Appeals case involving Shell Oil Company and Robert Writt. We covered it here, and it left FCPA internal investigations based in Texas in an awkward spot. To recap very briefly, in...more
It’s an Absolute Privilege to Meet You! Texas Supreme Court Rules That Internal Investigation Report Provided by Shell Oil to DOJ Enjoys “Absolute Privilege” - Why it matters: On May 15, 2015, the Texas Supreme Court...more
Last week, the Texas Supreme Court joined the majority of jurisdictions in holding that a company enjoys an absolute privilege when providing the Department of Justice (DOJ) with an internal investigation report containing...more
REAL PROPERTY UPDATE - Sinkhole/Appraisal: reversing non-final order compelling appraisal of sinkhole claim because one is not appropriate under section 631.54(3)(c), Florida Statutes – Fla. Ins. Guar. Ass’n, Inc. v....more
Halloween is a good time to think about how you want to die. Do you want to leave the world peacefully? Or do you want to go down trash talking, making sure that your enemies know exactly what you think about them, and that...more
In Jacobs v. Adelson, 130 Nev. Adv. Op. 44 (Mar. 29, 2014), the Nevada Supreme Court was asked to decide whether statements made to a newspaper during litigation were absolutely privileged. The case involved a defamation...more
Once upon a time an independent accounting firm learned from a law enforcement source that its publicly traded client and two of its directors had committed illegal acts of a serious nature. ...more