In an unpublished opinion, the New Jersey Appellate Division reversed a denial of summary judgment to attorney Neal Wiesner and his law firm, holding that litigation privilege protected his communications with an assistant state attorney and that the motion judge erred by misapplying the hearsay exception to emails exchanged between the two attorneys.

According to the opinion, defendants Wiesner and the Wiesner Law Firm represented Comtron, a Great Neck, New York-based computer integrated systems design company in a suit brought against the company by plaintiff Abira Medical Laboratories, a medical testing laboratory company based in Langhorne, Pennsylvania. Three lawsuits were filed between Comtron and Abira, one in New Jersey federal court and two in New Jersey state court.