Scholz v. Epstein, 341 Conn. 1 (2021)

Citation: Scholz v. Epstein, 341 Conn. 1 (2021)
Parent Document: Scholz v. Epstein, 341 Conn. 1 (2021)
Jurisdiction: Connecticut (state)
Effective Date: 2021-09-29
Original Source: https://www.courtlistener.com/opinion/6244827/scholz-v-epstein/ ↗

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meaningless. Misconduct in a properly brought judicial
          proceeding will presumably always affect the underly-
          ing proceeding. See Simms v. Seaman, supra, 308 Conn.
          547 n.14 (‘‘virtually all claims of misconduct during judi-
          cial proceedings, including defamation, allege some
          type of ‘serious or corruptive’ effect on the judicial
          process, and, therefore, any attempt to assess and com-
          pare the relative degree of harm caused by different
          types of misconduct is not very useful in determining
          whether the privilege should apply in the present case’’).
          If we were to agree with the plaintiff that such conduct
          constituted an abuse of the judicial proceeding, the
          litigation privilege would be essentially void. Thus,
          unlike a vexatious litigation or abuse of process claim,
          the plaintiff’s statutory theft claim fails to challenge the
          underlying purpose of the litigation.

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