In a multi-million-dollar federal court case involving attorneys on both sides, Holly Rogers and Michael Mazurczak of Melick & Porter recently secured a dispositive motion for their client.
The plaintiffs alleged that the defendants engaged in defamation and tortious interference with their business relations. Rogers and Mazurczak successfully defended their client, arguing that the plaintiff did not file the claim within the statute of limitations, and the “defamatory” statements were material and pertinent to the course of lawful litigation—thus protected by the “absolute litigation privilege.”
The Court ruled that the plaintiffs could not defeat this privilege through either of the following methods:
- Proving the existence of malice in the defendants’ actions
- Utilizing the ‘republican’ doctrine
None of the plaintiff’s allegations successfully formed the basis for defamation or tortious interference causes of action. Rogers and Mazurczak’s dispositive motion win meant a complete dismissal of the plaintiff’s complaint at the end of September.