May 7, 2010
Defamation Suit Barred By Immunity
The Maryland Court of Special Appeals affirmed the dismissal of a defamation action brought against attorneys who had sued the plaintiff company in a federal court class action alleging mortgage fraud. The court held that the plaintiff did not have standing to sue.
The court concluded that, even if standing were conferred, the case would fail on the merits because of absolute judicial immunity. The fact that a defendant had "regurgitated" the civil complaint on a web page did not abrogate the immunity. (Mike Frisch)
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This is a bad decision. Imagine parties in a divorce action posting complaints containing false allegations on the web and claiming privilege. This is a far reaching decision that may possibly have serious repercussions if it is not overturned by the Court of Appeals.
Posted by: Andrew Mattocks | May 13, 2010 8:04:14 PM