Brehany v. Nordstrom, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that plaintiff “did not have to anticipate an affirmative defense in her complaint” in order to later assert that a qualified privilege was abused
• concluding that the “plaintiff can show abuse of [a] privilege by proving that the defendant acted with malice or that the publication of the defamatory material extended beyond those who had a legally justified reason for receiving it”
• stating that a privilege may be abused through publication to persons \beyond those who halve] a legally justified reason for receiving it\
• noting that a conditional privilege is \regarded as being sufficiently important to justify some latitude for making mistakes\ (internal quotation marks omitted)
• explaining that publishing defamatory material beyond those with a legally justified reason for receiving it is abuse of the privilege
• explaining that a “plaintiff can show abuse of the privilege by proving that the defendant acted with malice”

Source: CourtListener parenthetical corpus (CC0).