Danielle Marlow

December 03, 2019 | New York Law Journal

Under New York law, the concepts of absolute (or litigation) privilege and defamation per se seem directly contradictory—if a statement is defamatory per se, then how can it be privileged? Certain statements are so heinous that the absolute litigation privilege should not insulate the speaker from liability, particularly where the statements are not directly relevant to the litigation in which they were made.

By Danielle Marlow

7 minute read