Kensington Development Corp. v. Israel

The issue in this case is whether Wisconsin’s common law privilege from liability for relevant statements made in judicial proceedings provides an absolute defense against the tort of slander of title for filing a false, sham or frivolous lis pendens notice, notwithstanding the provisions of sec. 706.13(1), Stats., 1 which expressly provide a cause of action and a statutory penalty for slander of title in such circumstances. In Kensington Development v. Israel, 139 Wis. 2d 159, 407 N.W.2d 269 (Ct. App. 1987), the court of appeals held that an absolute privilege does not apply to the acts…