Litigation as a Tort
21 Green Bag 2D, 2017
9 Pages Posted: 28 Jun 2018
Date Written: 2017
Using a fictional lawsuit between Cain and Abel as an illustration, the article demonstrates that, but for litigation privilege, many of the ordinary steps in litigation would be actionable torts, such as defamation, intentional infliction of emotional distress, and false imprisonment. These are examples of "litigation injury" which cannot be eliminated from the legal process but which can be mitigated by bar association discipline.
Keywords: Peacemaker, Dispute Resolution, Litigation Privilge, Legal Ethics
JEL Classification: K41
Suggested Citation: Suggested Citation