Eugene Boice, John Di Palermo, and Robert Wahrman v. Unisys Corporation

I do not agree that “[v]intage ease law demonstrates that New York bestows an absolute privilege upon those whom the government compels to give evidence.” Maj. op. at section II. Accordingly, I respectfully dissent.

It is axiomatic that this Court, sitting in diversity, is bound to follow the law of New York. New York courts consistently have held that the dispositive question for absolute immunity purposes is the nature of the proceeding in which the allegedly defamatory statement was made and, contrary to the majority’s conclusion, not whether publication of the statement was compelled by…