Attorney Litigation Privilege

Recent Illinois Case: O’Callaghan v. Satherlie

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The First District held that the absolute attorney litigation privilege extends beyond defamation claims, thus, a lawyer is absolutely immune for conduct pertaining to litigation and “pertaining” should be liberally construed.   In so holding, the court affirmed the dismissal of an intentional infliction of emotional distress claim filed by the party that was adverse to the attorney’s client in the underlying lawsuit.

2015 IL App (1st) 142152

(This is for informational purposes and is not legal advice.)

 

Kurczaba v. Pollock, 318 Ill. app. 3d 686, 742 N.E.2d 425 (1st Dist. 2000)

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Kurczaba v. Pollock, 318 Ill. app. 3d 686, 742 N.E.2d 425 (1st Dist. 2000)

Libco Corp. v. Adams, 100 Ill. App. 3d 314, 426 N.E.2d 1130 (1st Dist. 1981)

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Libco Corp. v. Adams, 100 Ill. App. 3d 314, 426 N.E.2d 1130 (1st Dist. 1981)

Garber-Pierre Food Products, Inc. v. Crooks, 78 Ill. App. 3d 356, 397 N.E.2d 211 (1st Dist. 1979)

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Garber-Pierre Food Products, Inc. v. Crooks, 78 Ill. App. 3d 356, 397 N.E.2d 211 (1st Dist. 1979)

Popp v. O’Neil, 313 Ill. App. 3d 638, 730 N.E.2d 506 (2d Dist. 2000)

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Popp v. O’Neil, 313 Ill. App. 3d 638, 730 N.E.2d 506 (2d Dist. 2000)

Weiler v. Stern, 67 Ill. App. 3d 179, 385 N.E.2d 762 (1st Dist. 1978)

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Weiler v. Stern, 67 Ill. App. 3d 179, 385 N.E.2d 762 (1st Dist. 1978)