absolute privilege in a judicial proceeding doctrine (Ohio) · Go Syfert
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absolute privilege in a judicial proceeding doctrine in Ohio

16 Ohio opinions name it 2 courts 1986–2024 8 in the last five years

The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Surace v. Wuligergreen
ohio · 1986 · cited in 14 Ohio opinions naming this issue, 1986–2024
2 sentences

2024See Surace v. Wuliger, 25 Ohio St.3d 229 , 495 N.E.2d 939 (1986), syllabus (“under the doctrine of absolute privilege in a judicial proceeding, a claim alleging that a defamatory statement was made in a written pleading does not state a cause of action where the allegedly defamatory statement bears some reasonable relation to the judicial proceeding in which it appears”); Dudee, 2019-Ohio-3939 , 133 N.E.3d 590 , at ¶ 84, quoting Welling v. Weinfeld, 113 Ohio St.3d 464 , 2007-Ohio-2451 , 866 N.E.2d 1051, ¶ 58 (“False light defendants enjoy protections at least as extensive as defamation defenda

2024See Surace v. Wuliger, 25 Ohio St.3d 229 , 495 N.E.2d 939 (1986), syllabus (“under the doctrine of absolute privilege in a judicial proceeding, a claim alleging that a defamatory statement was made in a written pleading does not state a cause of action where the allegedly defamatory statement bears some reasonable relation to the judicial proceeding in which it appears”); Dudee, 2019-Ohio-3939 , 133 N.E.3d 590 , at ¶ 84, quoting Welling v. Weinfeld, 113 Ohio St.3d 464 , 2007-Ohio-2451 , 866 N.E.2d 1051, ¶ 58 (“False light defendants enjoy protections at least as extensive as defamation defenda

414
Savoy v. Univ. of Akrongreen
ohioctapp · 2014 · cited in 1 Ohio opinions naming this issue, 2024–2024
1 sentence

2024See Surace v. Wuliger, 25 Ohio St.3d 229 (1986), syllabus (“As a matter of public policy, under the doctrine of absolute privilege in a judicial proceeding, a claim alleging that a defamatory statement was made in a written pleading does not state a cause of action where the allegedly defamatory statement bears some reasonable relation to the judicial proceeding in which it appears.”); Savoy v. Univ. of Akron, 10th Dist. No. 13AP-696, 2014-Ohio-3043, ¶ 19 (“[A] statement in a judicial or quasi-judicial proceeding is absolutely privileged and may not form the basis for a defamation action as lo

11
Welling v. Weinfeldgreen
ohio · 2007 · cited in 1 Ohio opinions naming this issue, 2024–2024
2 sentences

2024See Surace v. Wuliger, 25 Ohio St.3d 229 , 495 N.E.2d 939 (1986), syllabus (“under the doctrine of absolute privilege in a judicial proceeding, a claim alleging that a defamatory statement was made in a written pleading does not state a cause of action where the allegedly defamatory statement bears some reasonable relation to the judicial proceeding in which it appears”); Dudee, 2019-Ohio-3939 , 133 N.E.3d 590 , at ¶ 84, quoting Welling v. Weinfeld, 113 Ohio St.3d 464 , 2007-Ohio-2451 , 866 N.E.2d 1051, ¶ 58 (“False light defendants enjoy protections at least as extensive as defamation defenda

2024See Surace v. Wuliger, 25 Ohio St.3d 229 , 495 N.E.2d 939 (1986), syllabus (“under the doctrine of absolute privilege in a judicial proceeding, a claim alleging that a defamatory statement was made in a written pleading does not state a cause of action where the allegedly defamatory statement bears some reasonable relation to the judicial proceeding in which it appears”); Dudee, 2019-Ohio-3939 , 133 N.E.3d 590 , at ¶ 84, quoting Welling v. Weinfeld, 113 Ohio St.3d 464 , 2007-Ohio-2451 , 866 N.E.2d 1051, ¶ 58 (“False light defendants enjoy protections at least as extensive as defamation defenda

11
Lanning v. Christygreen
ohio · 1876 · cited in 1 Ohio opinions naming this issue, 2022–2022
1 sentence

2022Co. and adopted the American rule: “As a matter of public policy, under the doctrine of absolute privilege in a judicial proceeding, a claim alleging that a defamatory statement was made in a written pleading does not state a cause 8 January Term, 2022 of action where the allegedly defamatory statement bears some reasonable relation to the judicial proceeding in which it appears,” Surace at syllabus; see also id. at 232-233.

11
Matikas v. University of Daytongreen
ohioctapp · 2003 · cited in 1 Ohio opinions naming this issue, 2021–2021
2 sentences

2021Matikas v. Univ. of Dayton, 152 Ohio App.3d 514 , 2003-Ohio-1852 , 788 N.E.2d 1108, ¶ 27 (2d Dist.). {¶ 80} In Surace v. Wuliger, 25 Ohio St.3d 229 , 495 N.E.2d 939 (1986), the Ohio Supreme Court held: “As a matter of public policy, under the doctrine of absolute privilege in a judicial proceeding, a claim alleging that a defamatory statement was made in a written pleading does not state a cause of action where the allegedly defamatory statement bears some reasonable relation to the judicial proceeding in which it appears.” Id. at syllabus. {¶ 81} As noted in Justice v. Mowery, 69 Ohio App.2d

2021Matikas v. Univ. of Dayton, 152 Ohio App.3d 514 , 2003-Ohio-1852 , 788 N.E.2d 1108, ¶ 27 (2d Dist.). {¶ 80} In Surace v. Wuliger, 25 Ohio St.3d 229 , 495 N.E.2d 939 (1986), the Ohio Supreme Court held: “As a matter of public policy, under the doctrine of absolute privilege in a judicial proceeding, a claim alleging that a defamatory statement was made in a written pleading does not state a cause of action where the allegedly defamatory statement bears some reasonable relation to the judicial proceeding in which it appears.” Id. at syllabus. {¶ 81} As noted in Justice v. Mowery, 69 Ohio App.2d

11
Kirshner v. Shinaberrygreen
ohioctapp · 1989 · cited in 1 Ohio opinions naming this issue, 1996–1996
2 sentences

1996See, also, Kirshner v. Shinaberry (1989), 64 Ohio App.3d 536, 539-540 , 582 N.E.2d 22, 23-24 .

1996See, also, Kirshner v. Shinaberry (1989), 64 Ohio App.3d 536, 539-540 , 582 N.E.2d 22, 23-24 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Dudee v. Philpot green
ohioctapp · 2019
2 sentences

2024See Surace v. Wuliger, 25 Ohio St.3d 229 , 495 N.E.2d 939 (1986), syllabus (“under the doctrine of absolute privilege in a judicial proceeding, a claim alleging that a defamatory statement was made in a written pleading does not state a cause of action where the allegedly defamatory statement bears some reasonable relation to the judicial proceeding in which it appears”); Dudee, 2019-Ohio-3939 , 133 N.E.3d 590 , at ¶ 84, quoting Welling v. Weinfeld, 113 Ohio St.3d 464 , 2007-Ohio-2451 , 866 N.E.2d 1051, ¶ 58 (“False light defendants enjoy protections at least as extensive as defamation defenda

2024See Surace v. Wuliger, 25 Ohio St.3d 229 , 495 N.E.2d 939 (1986), syllabus (“under the doctrine of absolute privilege in a judicial proceeding, a claim alleging that a defamatory statement was made in a written pleading does not state a cause of action where the allegedly defamatory statement bears some reasonable relation to the judicial proceeding in which it appears”); Dudee, 2019-Ohio-3939 , 133 N.E.3d 590 , at ¶ 84, quoting Welling v. Weinfeld, 113 Ohio St.3d 464 , 2007-Ohio-2451 , 866 N.E.2d 1051, ¶ 58 (“False light defendants enjoy protections at least as extensive as defamation defenda

12024–2024
Justice v. Mowery green
ohioctapp · 1980
2 sentences

2021Matikas v. Univ. of Dayton, 152 Ohio App.3d 514 , 2003-Ohio-1852 , 788 N.E.2d 1108, ¶ 27 (2d Dist.). {¶ 80} In Surace v. Wuliger, 25 Ohio St.3d 229 , 495 N.E.2d 939 (1986), the Ohio Supreme Court held: “As a matter of public policy, under the doctrine of absolute privilege in a judicial proceeding, a claim alleging that a defamatory statement was made in a written pleading does not state a cause of action where the allegedly defamatory statement bears some reasonable relation to the judicial proceeding in which it appears.” Id. at syllabus. {¶ 81} As noted in Justice v. Mowery, 69 Ohio App.2d

2021Matikas v. Univ. of Dayton, 152 Ohio App.3d 514 , 2003-Ohio-1852 , 788 N.E.2d 1108, ¶ 27 (2d Dist.). {¶ 80} In Surace v. Wuliger, 25 Ohio St.3d 229 , 495 N.E.2d 939 (1986), the Ohio Supreme Court held: “As a matter of public policy, under the doctrine of absolute privilege in a judicial proceeding, a claim alleging that a defamatory statement was made in a written pleading does not state a cause of action where the allegedly defamatory statement bears some reasonable relation to the judicial proceeding in which it appears.” Id. at syllabus. {¶ 81} As noted in Justice v. Mowery, 69 Ohio App.2d

12021–2021
Reister v. Gardner (Slip Opinion) green
ohio · 2020
1 sentence

2021Alternatively termed a “litigation privilege,” that form of protection “provides absolute immunity to parties, witnesses, lawyers, and judges from future lawsuits for statements made during and relevant to judicial proceedings.” (Emphasis sic.) Reister v. Gardner, Ohio Slip Opinion No. 2020-Ohio-5484 , __ N.E.3d __ , ¶ 8.

12021–2021
Newman v. Univ. of Dayton green
ohioctapp · 2021
1 sentence

2021Montgomery No. 28815, 2021-Ohio-1609 , this court stated: As a matter of public policy, the doctrine of absolute privilege in a judicial proceeding protects parties from defamation claims based upon any statement that “bears some reasonable relation to the judicial proceeding in which it appears.” Surace v. Wuliger, 25 Ohio St.3d 229 , 495 N.E.2d 939, 940 (1986), paragraph one of the syllabus.

12021–2021
Buehrer v. Provident Mutual Life Ins. green
ohio · 1931
2 sentences

2016Co., 123 Ohio St. 264, 273 , 175 N.E. 25 (1931); see Surace v. Wuliger, 25 Ohio St.3d 229, 230 , 495 N.E.2d 939 (1986), syllabus (“As a matter of public policy, under the doctrine of absolute privilege in a judicial proceeding, a claim alleging that a defamatory statement was made in a written pleading does not state a 11 OHIO FIRST DISTRICT COURT OF APPEALS cause of action where the allegedly defamatory statement bears some reasonable relation to the judicial proceeding in which it appears.”).

2016Co., 123 Ohio St. 264, 273 , 175 N.E. 25 (1931); see Surace v. Wuliger, 25 Ohio St.3d 229, 230 , 495 N.E.2d 939 (1986), syllabus (“As a matter of public policy, under the doctrine of absolute privilege in a judicial proceeding, a claim alleging that a defamatory statement was made in a written pleading does not state a 11 OHIO FIRST DISTRICT COURT OF APPEALS cause of action where the allegedly defamatory statement bears some reasonable relation to the judicial proceeding in which it appears.”).

12016–2016
Erie County Farmers' Ins. v. Crecelius green
ohio · 1930
1 sentence

1986While we find Erie County and Bigelow to be relatively correct enunciations of the proper standard to be applied in causes asserting absolute privilege in a judicial proceeding, we believe that the majority rule articulates a more workable standard for deciding when the doctrine of absolute privilege should apply, while recognizing the public policy considerations referred to in Erie County, supra, at 214-215 . 1 Thus, we hold that as a matter of public policy, under the doctrine of absolute privilege in a judicial proceeding, a claim alleging that a defamatory statement was made in a written

11986–1986

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