3. Count Three: Common Law Obstruction of Justice North Carolina courts have recognized that “[a]t common law it is an offense to do any act which prevents, obstructs, impedes or hinders public or legal justice.” In re Kivett, 309 N.C. 635, 670, 309 S.E.2d 442, 462 (1983). “In order to state a claim for common law obstruction of justice, a plaintiff must allege ‘any action intentionally undertaken by the defendant for the purpose of obstructing, impeding, or hindering the plaintiff's ability to seek and obtain a legal remedy.'” Edwards v. Parrish Tire Co., No. 1:18CV811, 2019 WL 4246671, at *2 (M.D. N.C. Sept. 6, 2019) (unpublished) (quoting Blackburn v. Carbone, 703 S.E.2d 788, 795 ( N.C. Ct. App. 2010). “The common law offense of obstructing public justice may take a variety of forms.
Under North Carolina law, statements alleged to be "false, fraudulent, or misleading" are privileged if they are made in connection with a judicial proceeding. See Edwards v. Parrish Tire Co., No. 1:18CV811, 2019 WL 4246671, at *3 (M.D.N.C. Sept. 6, 2019) (discussing the contours of North Carolina's litigation privilege). This litigation privilege applies when three conditions are met: (1) the statements at issue are made in the course of a judicial proceeding; (2) the statements are sufficiently relevant to said proceeding; and (3) the plaintiff's claim is based on the allegation that the statements are false, fraudulent, or misleading.