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KITTLER v. ECKBERG, LAMMERS, ET AL.

No. C8-95-462.

535 N.W.2d 653 (1995)

J. Patrick KITTLER, et al., Appellants, v. ECKBERG, LAMMERS, BRIGGS, WOLFF & VIERLING, et al., Jon Pederson, Respondents.

Court of Appeals of Minnesota.

Review Denied October 10, 1995.

Reconsideration on Denial of Rehearing October 25, 1995.

Attorney(s) appearing for the Case

Richard A. Williams, Jr., Hvass, Weisman & King Chartered, Minneapolis, for J. Patrick Kittler, et al.

Richard J. Thomas, Bryon G. Ascheman, Geraghty, O'Loughlin & Kenney, P.A., St. Paul, for Eckberg, Lammers, Briggs, Wolff & Vierling, et al.

Terrence J. Fleming, Jonathan Saffold, Jr., Lindquist & Vennum, P.L.L.P., Minneapolis, for Jon Pederson.

Considered and decided by NORTON, P.J., and HUSPENI and SCHULTZ, JJ.

OPINION

HUSPENI, Judge.

Statements in a letter sent out by an attorney to solicit additional plaintiffs for his client's potential lawsuit against appellants were allegedly defamatory. The district court awarded summary judgment to respondents (the attorney, his law firm and the client), on the grounds that the statements were protected under the judicial action privilege. Because the letter was a communication preliminary to a judicial proceeding proposed...

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