10th Circ. Says XPO Must Face Worker's Defamation Suit

Law360 (May 5, 2020, 6:19 PM EDT) -- A divided Tenth Circuit panel revived a suit alleging that XPO Logistics Inc. cost an ex-worker his job by forging evidence in a different suit against his new employer, saying a liability shield for official legal statements doesn't protect lying litigants.  

A majority of the three-judge panel said Monday the "fraud or bad faith" exception to a Utah doctrine shielding litigation participants from liability for statements they make in court cases applies to parties in disputes, even though the Utah Supreme Court only carved out "attorneys" when it made the exception. And Aaron Peterson did not have to specifically allege that...

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