Day v. Johns Hopkins Health System Corp., No. 17-2120 (4th Cir. 2018)Annotate this Case
The Fourth Circuit affirmed the district court's dismissal of plaintiff's claims against defendant and Johns Hopkins for defendant's actions as an expert witness in administrative hearings for the Federal Black Lung Program. The court held that the Witness Litigation Privilege protected witnesses, such as defendant, who testify in judicial and quasi-judicial proceedings from later civil liability. In this case, the allegations made against defendant and his associates at Johns Hopkins fell squarely within the scope of the privilege. Furthermore, plaintiffs' claims were under the Racketeer Influenced and Corrupt Organizations Act (RICO) and RICO's civil cause of action manifests no intention to displace the privilege.