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De Vivo v. Ascher

Citations: 221 N.J. Super. 28; 533 A.2d 412; 1987 N.J. Super. LEXIS 1357

Court: New Jersey Superior Court Appellate Division; July 17, 1987; New Jersey; State Appellate Court

Narrative Opinion Summary

The case involves a libel action brought by a plaintiff against a defendant attorney, who allegedly defamed her in a letter accusing her of financial misconduct. The defendant sought summary judgment, asserting that the letter was protected by absolute privilege as it was written in the context of ongoing litigation between the plaintiff and her former employer. The court addressed whether such a letter, sent to a non-party, fell within the scope of absolute privilege. It examined the relevancy and context of the communication, ultimately finding that the letter related to the subject matter of the litigation and occurred in the course of judicial proceedings. The court applied a liberal interpretation of relevancy, citing precedent that supports broad protection for attorneys to communicate freely in judicial contexts. The court concluded that the defendant's letter was protected by absolute privilege and granted summary judgment in favor of the defendant, as the communication was deemed relevant to the pending litigation and necessary for effective legal representation.

Legal Issues Addressed

Absolute Privilege in Judicial Proceedings

Application: The court applied absolute privilege to a letter written by an attorney during pending litigation, deeming it related to the judicial process.

Reasoning: Ultimately, the court finds that the June 12, 1985, letter is protected by absolute privilege.

Broad Interpretation of Judicial Proceeding in Defamation Cases

Application: The court extended the protection of absolute privilege to preliminary communications by attorneys related to litigation.

Reasoning: In Middlesex Concrete Products and Excavating Corp. v. The Carteret Industrial Ass’n, the court interprets 'in the course of a judicial proceeding' broadly.

Context of Judicial Proceedings

Application: The court determined that the letter was sufficiently connected to the judicial proceedings, fulfilling the contextual requirement for absolute privilege.

Reasoning: The second part of the absolute privilege test necessitates that the statement occur in the context of a judicial proceeding.

Relevancy Requirement for Absolute Privilege

Application: The court interpreted the relevancy requirement liberally, finding the letter relevant to the litigation as it addressed allegations central to the case.

Reasoning: The relevancy test for invoking absolute privilege in legal contexts is interpreted liberally, as established in Thourot v. Hartnett.