On March 29, 2022, the Supreme Court of Connecticut decided Dorfman v. Smith, 342 Conn. 582 (2022), which extends the reach of absolute immunity under the litigation privilege doctrine to claims of breach of the implied covenant of good faith and fair dealing, negligent infliction of emotional distress and unfair insurance practices. The court determined the litigation privilege barred these claims as they were based entirely on the defendant’s allegedly false statements in pleadings and discovery responses. Although Dorfman follows Connecticut precedent affording broad protection from retaliatory litigation, it does not completely insulate a party from any liability for this type of behavior.

Background