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

Munford, Luther, Litigation as a Tort (2017). 21 Green Bag 2D, 2017, Available at SSRN:

Luther Munford (Contact Author)

Butler Snow LLP ( email )

1414 Millard St
Bethlehem, PA 18018
United States

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