A & B-Abell Elevator Co. v. Columbus/Central Ohio Building & Construction Trades Council

The pivotal issue in this case is whether the communications by appellants and cross-appellees to DAS and the city were published on a privileged occasion.3 If a conditional or qualified privilege extends to those who provide information to government officials in connection with the qualifications of bidders for public-work contracts, then only two issues remain. The first is whether Abell presented sufficient evidence at trial regarding “actual malice” to withstand a directed verdict on its defamation claim. If not, the second issue becomes whether Abell is nevertheless entitled to pursue…