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O'BRIEN & GERE ENGINEERS, INC. v. CITY OF SALISBURY

No. 1734, Sept. Term, 2012.

113 A.3d 1129 (2015)

222 Md. App. 492

O'BRIEN & GERE ENGINEERS, INC. v. CITY OF SALISBURY.

Court of Special Appeals of Maryland.

April 28, 2015.

Attorney(s) appearing for the Case

Bruce F. Bright (Ayres, Jenkins, Gordy & Almand PA, on the brief) Ocean City, MD, for Appellant.

Howard G. Goldberg (Kevin M. Kelly, Goldberg & Banks, PC, Baltimore, MD, and Paul D. Wilber, Chris S. Mason, Webb, Burnett, Cornbrooks, Wilber, Vorhis, Douse & Mason, LLP, Salisbury, MD), on the brief, for Appellee.

Panel: DEBORAH S. EYLER, NAZARIAN, CHARLES E. MOYLAN, JR. (Retired, Specially Assigned), JJ.

The primary issue in this appeal is whether the absolute litigation privilege may immunize a party to a non-disparagement agreement from liability for breaching that agreement when the breach was by words spoken by a lawyer or witness in court, during a judicial proceeding. We hold that it may, and that in the circumstances...

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