Simpson Strong-Tie Co. v. Stewart, Estes & Donnell

OPINION

CORNELIA A. CLARK, J„

delivered the opinion of the court, in which

WILLIAM M. BARKER, C.J., and JANICE M. HOLDER and GARY R. WADE, JJ., joined.

We accepted a question of law certified by the United States District Court for the Middle District of Tennessee to determine whether the absolute litigation privilege applies to what may be defamatory communications made by an attorney prior to a proposed judicial proceeding when the communications are directed at recipients unconnected with the proposed proceeding. We hold that an attorney is privileged to publish what may be defamatory…