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Business dispute turns on scope of litigation privilege after firm records two mortgages tied to divorce litigation
Summary
A plaintiff argued that two mortgages recorded against Newton property—one tied to New York divorce legal fees and one to separate Massachusetts litigation—fall outside litigation privilege; defendant’s counsel said the alleged statements and conduct arose from the divorce proceedings and are protected.
The Appeals Court heard arguments in a civil appeal by a Massachusetts plaintiff who seeks to hold Attorney Daniel Rivlin (and related actors) liable for conduct plaintiff says transcended protected litigation activity.
Jeremy Weltman, for the plaintiff, told the panel two mortgages recorded in May 2019 against property in Newton included a $100,000 mortgage tied to the New York divorce litigation and a…
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