# Arthur Theiss v. Gordon H. Scherer

> Court of Appeals for the Sixth Circuit · June 20, 1968 · 396 F.2d 646

URL: https://www.frixlaw.com/law-library/cases/9453731

## Case

- **Full name:** Arthur THEISS, Plaintiff-Appellant, v. Gordon H. SCHERER, DefendantAppellee
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** June 20, 1968
- **Citations:** 396 F.2d 646; 17 Ohio Misc. 172; 46 Ohio Op. 2d 55; 36 A.L.R. 3d 1321; 1968 U.S. App. LEXIS 6449
- **Precedential status:** Published
- **Opinion:** Concurrence by McALLISTER
- **Judges:** McCree, Combs, McAllister
- **Cited by:** 43 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9453731

## How later opinions describe it (automated extraction)

- noting that the letter at issue, which the court found covered by the privilege, "was addressed to an attorney who represented a party with a financial interest in the proceedings” and that "[c]opies ’of the letter were sent only to those who had a direct financial interest in…
- noting that letter written by attorney was absolutely privileged because it was addressed to an attorney who represented a party with a financial interest in the proceeding, and copies were sent to individuals with direct financial interests in proceeding
- finding allegedly defamatory statements were privileged because they concerned the appointment of a trustee, and the pending litigation concerned a will contest

## Opinion text

McALLISTER, Senior Circuit Judge
(concurring).
It is cold comfort to the appellant to be told that although statements made about him are libelous or slanderous, he can bring no action for defamation, even if the person making the statements knows they are false; and that, since they were made in reference to impending litigation, they are privileged. But that is the law. I concur in the opinion of Judge Combs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9453731. Public record. Not legal advice.