Ruberton v. Gabage

In Ruberton v. Gabage, 280 N.J. Super. 125, 133-34, 654 A.2d 1002 (App.Div.), certif. denied, 142 N.J. 451, 663 A.2d 1358 (1995), the Court specifically applied the litigation privilege in an abuse of process case. There, we held that a lawyer's statements at a settlement conference were protected by the privilege from a subsequent tort action of malicious abuse of process. Id. at 134, 654 A.2d 100. The lawyer representing the defendant-employer in the original employment litigation had threatened during a settlement conference that defendant might institute criminal charges against the plaintiff-employee. Id. at 128-29, 654 A.2d 100. The Court found that this statement was privileged because it was "unquestionably made during the course of a judicial proceeding," reasoning that counsel must be free to advance his or her client's case in a candid way. Id. at 133-34, 654 A.2d 100.