5th Circ. Won't End Defamation Case Over Toll App

Law360, Dallas (July 14, 2017, 8:01 PM EDT) -- A highway toll collection company’s attempts to block a competitor’s app do not qualify as privileged communications made in anticipation of litigation, because they were too attenuated from the suit the company filed after the rival brought a defamation claim, the Fifth Circuit held Thursday.

The appeals court rejected argument from Highway Toll Administration LLC that statements it made about BancPass Inc. while trying to stop the competitor from launching an app were immune from the current suit's defamation claim. The communications at issue included a...
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