Russell v. Clark

STEPHENS, Justice.

This is a suit for libel resulting from a letter written by defendant, a practicing attorney, to plaintiffs’ investors seeking evidence for use in pending litigation. The trial court granted defendant’s motion for summary judgment from which plaintiffs appeal. The controlling question is whether the letter is absolutely privileged. We conclude that it is, and affirm.

After the supreme court’s reversal and remand to the trial court of an earlier case, and prior to the new trial in that case, W. Scott Clark, defendant in this case, who was the attorney for certain parties in…