Lipton v. Friedman

In this action for defamation defendant is a referee in workmen’s compensation. In the course of a hearing on a claim he made certain remarks of an actionable nature concerning the plaintiff. In these remarks defendant said of plaintiff, a surgeon, that he performed an unnecessary operation on the claimant, that he used the claimant for experimentation and that plaintiff should not be paid for his services.

Defendant moves to dismiss on the ground that defendant’s remarks are privileged. Plaintiff disputes that there is any privilege and claims that should one exist it is so limited as not to…