"I'm wondering if you would just comment on the ancient legal principle of 'If it ain't broke, don't fix it,'" Justice Elena Kagan said. At least three justices seemed wary of creating a test that ...

Today, the United States Supreme Court issued a "non-decision" in In re Grand Jury. The case involved a conflict among federal circuit courts of appeal over which legal test should be applied to ...

Recent decisions illustrate how the two elements of the litigation privilege test are strictly applied by the courts, says Julian Copeman The key advantage of litigation privilege is that it applies ...