Janklow v. Keller

HALL, Circuit Judge.

The captioned cases, which arise from the same facts and present the same legal questions, were argued together and will be dealt with together in this opinion.

Plaintiff-appellants brought these actions seeking damages from the defendants for deceit and defamation. The trial court dismissed each action for failure to state a claim upon which relief could be granted. Basically, the dismissals were on the grounds that the statements complained of were privileged under SDCL 20-11-5(2) because they were made in a judicial proceeding by counsel, and the statements had some…