An arbitrator cannot sue a lawyer for wrongful use of civil proceedings, the 3rd U.S. Circuit Court of Appeals has ruled, even if the lawyer allegedly lodged false accusations in court papers to have the arbitrator disqualified, because lawyers enjoy an “absolute privilege” that immunizes them from liability over any communication made in the course of litigation.

The decision in Naythons v. Stradley Ronon Stevens & Young upholds the dismissal of a suit brought by Edwin E. Naythons, a former federal magistrate judge who now works as a private arbitrator.