Alexander Oberlander v. David Oberlander and Conway Neurology, P.A.

Summary

The Arkansas Court of Appeals affirmed summary judgment dismissing Alexander Oberlander’s claims for outrage and invasion of privacy arising from his father’s acquisition and disclosure of his medical records during child-support proceedings. The court held that Oberlander failed to challenge all independent grounds supporting summary judgment and further concluded that statements made in the related judicial proceeding were protected by absolute privilege.

Holdings

1. When a circuit court bases its decision on more than one independent ground and the appellant challenges fewer than all of those grounds on appeal, the appellate court will affirm without addressing the unchallenged grounds.
2. A party to private litigation is absolutely privileged from liability for defamatory matter, and the privilege also applies to matter constituting an invasion of privacy, when the matter is published in connection with the proceeding and has some relation to its subject.

Questions Presented

1. Whether the circuit court properly granted summary judgment when Alexander failed to challenge every independent ground raised by defendants against his tort-of-outrage and invasion-of-privacy claims.
2. Whether statements and information disclosed by a party during a judicial proceeding were protected by the absolute privilege applicable to communications related to litigation.

Disposition

affirmed