Attorney Litigation Privilege

Doe v. Williams McCarthy LLP , 2017 IL App (2d) 160860

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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.

Doe v. Williams McCarthy LLP, 2017 IL App (2d) 160860

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

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)