Friday, May 10, 2013

"Floodgates" v. "Unduly Protectionist Of Attorneys"

The Connecticut Supeme Court has held that the litigation privilege provides absolute immunity to claims of fraud and intentional infliction of emotional distress brought by an unhappy litigant against opposing counsel.

The suit was brought by a former husband alleging fraud in the law firm's handling of post-dissolution proceedings concerning his ex-wife's financial situation.

The court concluded that a contrary reading of the law would open "floodgates" of litigation.

There are concurring and dissenting opinions.

In the dissent, Justice Palmer calls the decision "out of step" with the majority of jurisdictions and "unduly protectionist of attorneys." (Mike Frisch)

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