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Ipsidixit2

Can a Non-Party to Litigation Defamed In Litigation by Attorney sue for defamation?

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Can I sue the person that defamed me.

 

Anyone can sue anyone for anything.

 

If your intent was to ask whether, under the circumstances you described, you have any reasonable chance of prevailing if you do sue, you'll obviously have to provide something beyond a conclusory allegation that someone defamed you.  If your intent was to as whether your status as a non-party to the litigation in which the alleged defamation occurred precludes you from maintaining a defamation claim, the answer is no.  The following might serve as some guidance as to what facts might be relevant:

 

Under Arizona law, the elements of a defamation claim are as follows:  (1) a false statement of fact concerning the plaintiff; (2) the statement was defamatory (i.e.,it must be bring the defamed person into disrepute, contempt, or ridicule, or impeach his/her honesty, integrity, virtue, or reputation); (3) the statement was published (i.e., conveyed in writing or by spoken word) to a third party; (4) the requisite fault on the part of the defendant; and (5) the plaintiff was damaged as a result of the statement.

 See Morris v. Warner, 160 Ariz. 55, 62 (Ariz. Ct. App. 1988); Godbehere v. Phoenix Newspapers, Inc., 162 Ariz. 335, 341 (Ariz. 1989).  Statements made in the context of legal proceedings are generally privileged against defamation claims.  Here's a link to a good discussion of the subject:  http://www.dmlp.org/legal-guide/arizona-defamation-law.

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Anyone can sue anyone for anything. What you likely meant to ask is viability, and we cannot know from here. I don't know what case law in AZ has to say (if anything) about defamation of a person not party to action. If no case law on point, you're free to spend a lot of dough attempting to make some.

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