Lawyer’s Settlement Letter Constituted ‘Publication,’ but Privilege Defeats Defamation Action, Judge Says

An allegedly defamatory statement made by an attorney in a letter making a settlement offer to an adversary met the publication requirement of a defamation action, a New York state judge has ruled. But since the letter was sent from one attorney to another and was "pertinent" to ongoing litigation, it enjoyed an "absolute privilege" and could not form the basis of that cause of action, the judge held.