Johnson v. Brown

Plaintiff has filed a motion for reconsideration of our decision in Johnson v. Brown, 193 Or App 375, 91 P3d 741 (2004), which we treat as a petition for reconsideration. See ORAP 6.25. We grant reconsideration and adhere to our former opinion, writing to address only plaintiffs contention that the issue of executive privilege for defamatory statements was not adequately raised to the trial court or on appeal.

Plaintiff correctly argues that the parties did not, either at trial or on appeal, cast their arguments in terms of “executive privilege.” But that is not fatal to a conclusion that the…