State High Court: Attorney's Alleged 'Tortious Conduct' in Divorce Proceedings Falls Under Litigation Privilege
“Because we conclude that the litigation privilege is applicable both to Flores’s alleged misrepresentations during the course of the divorce proceedings and to his purported ‘actions,’ such as scheduling a trial in the von Thaden divorce despite the fact that the case was in no sense adversarial, the order allowing Flores’s motion to dismiss must be affirmed,” Justice Serge Georges Jr., wrote on behalf of the unanimous court.