Fourth Circuit Confirms Scope of “Witness Litigation Privilege”

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The dissent argues that the privilege should not relate back to non-testimonial actions occurring prior to testimony.

November 21, 2018
Anthony B. Cavender - Gravel2Gavel

On October 26, in the case of Day v. Johns Hopkins Health Sys. Corp., divided panel of the U.S. Court of Appeals for the Fourth Circuit affirmed the District Court’s ruling that the common law “Witness Litigation Privilege” protects an expert witness in a Black Lung Benefits Act benefits proceeding against civil claims that allege a federal RICO violation and Maryland state law claims for fraud, tortious interference, negligent misrepresentation and unjust enrichment attended the testimony of the expert witness.

Mr. Cavender may be contacted at


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