Bassichis v. Flores
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In this case concerning the scope of the litigation privilege, the Supreme Judicial Court held that the protection afforded by the litigation privilege applies even where the statements in question are fraudulent misrepresentations and that the litigation privilege extends to actions taken during the course of litigation.
Plaintiffs were creditors of William von Thaden, who was married to Kimberly von Thaden until their divorce. Defendant represented Kimberly in the divorce proceedings. Before they filed the instant complaint against William and Kimberly Plaintiffs had asserted several claims against William related to contract disputes. William subsequently declared bankruptcy. Plaintiffs then commenced this action against Defendant, seeking to hold him liable for allegedly fraudulent misrepresentations he made to the court during the divorce trial. The Supreme Judicial Court affirmed the dismissal of this complaint, holding that the litigation privilege applied under the circumstances of this case.
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