In this lawsuit, the plaintiff sued the lawyers of a trust for various claims, including invasion of privacy, intentional infliction of emotional distress, and violation of the Illinois Mental health and Development Disabilities Confidentiality Act (the “Act”). The trial court dismissed all claims against defendants. The three above claims were addressed on appeal, where the second district affirmed in part and reversed in par. Specifically, the court affirmed the dismissal of invasion of privacy and intentional infliction of emotional distress claims against the attorney and his law firm, finding that the absolute-litigation privilege barred the claims. The court, however, reversed the dismissal of plaintiff’s claim under the Act, holding that the litigation privilege did not bar such a claim. In so doing, the court looked at the legislative history of the Act to determine that the absolute-litigation privilege does not provide a shield for a party charged with violation of the Act.
(This is for informational purposes and is not legal advice.)