The Supreme Court's decision balanced the two sides properly and devised a workable solution by extending the litigation privilege to soUcitous statements made prior to the fiUng of the lawsuit, while at the same time instituting restrictive elements that must be satisfied in order for this privilege to apply. Since it is reasonable that in many situations attorneys can only reach those who have the capacity and aspiration to join a proposed litigation by pubUshing the information to a larger authence, the Supreme Court's rung accounts for times when an attorney's soUcitous communications might reach individuals that are unconnected from the proposed proceedings but no maUcious, unrelated acts of defamation are presented therein.
Torts-Simpson Strong-Tie v. Stewart: Balancing the Protection of Individuals ... Erno D Lindner The University
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"Torts-Simpson Strong-Tie v. Stewart: Balancing the Protection of Individuals with the Freedom of the Judicial Process in Tennessee Attorney Solicitations"Please download to view full document