From time to time in litigation, opposing sides exchange harsh
and even arguably slanderous words. The good news is that in some
circumstances, those exchanges are privileged and protected from
defamation claims.
In Richmond v. McHale, 2012 Pa. Super. LEXIS 2 (January
4, 2012), the Pennsylvania Superior Court ruled that allegedly
defamatory statements made during a discovery meeting were
absolutely protected by judicial privilege. The court affirmed the
trial court order sustaining the appellee's preliminary
objections and dismissing the appellant's complaint.
Kenneth Richmond, Esq., was the attorney for plaintiffs in an
underlying civil case involving the alleged sexual abuse of a
minor. The defendant in the underlying action was represented by
Joseph J. McHale, Esq. McHale and three other attorneys met at
Richmond's office to attempt to resolve a potential discovery
dispute relating to plaintiff's request for a physical
examination of the defendant. McHale would
