Summary
holding that the litigation privilege barred the plaintiffs' professional malpractice claim
Summary of this case from Frias Holding Co. v. Greenberg Traurig, LLPOpinion
No. 88-1392.
December 5, 1988.
Edward R. Benjamin, Jr., with whom Jonathan S. Piper and Preti, Flaherty, Beliveau Pachios, Portland, Me., were on brief, for plaintiffs, appellants.
Lawrence S. Delaney with whom Jeffrey M. White and Pierce, Atwood, Scribner, Allen, Smith Lancaster, Portland, Me., were on brief, for defendant, appellee.
Appeal from the United States District Court for the District of Maine.
After consideration of the briefs, arguments and record, we affirm substantially for the reasons set forth in the magistrate's careful and lucid opinion. 700 F. Supp. 1169.
We add that, of course, the absolute privilege for statements made in the course of judicial proceedings bars not only plaintiffs' defamation claim, but all the causes of action alleged against defendant, including negligence for professional malpractice. Dunbar v. Greenlaw, 152 Me. 270, 128 A.2d 218 (1956) (judicial proceeding privilege bars malpractice against certifying physician in insanity proceeding). See also Sriberg v. Raymond, 544 F.2d 15, 16 (1st Cir. 1976) (judicial proceedings privilege results in "freedom from civil liability").
AFFIRMED.