Greenberg Traurig, LLP v. Frias Holding Co.

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The litigation privilege immunizes from civil liability communicative acts occurring in the course of judicial proceedings, even if those acts would otherwise be tortious. Nevada had long recognized this common law privilege but until this case had not yet determined whether it applies to preclude claims of legal malpractice or professional negligence based on communicative acts occurring in the course of judicial proceedings. The federal court certified to the Supreme Court the question of whether Nevada law recognizes an exception to the common law litigation privilege for legal malpractice and professional negligence actions. The Court answered the district court’s question in the affirmative, concluding that, generally, an attorney cannot assert the litigation privilege as a defense to legal malpractice and professional negligence claims. View "Greenberg Traurig, LLP v. Frias Holding Co." on Justia Law