Nevin Pratt and Denise Pratt, Plaintiffs and Petitioners v. Mary Ann Nelson (roe); Douglas F. White; John Dustin…

Summary

On certiorari, the Utah Supreme Court held that the invited error doctrine did not bar the Pratts' challenge to the judicial proceeding privilege ruling, because their late responsive memorandum was not an affirmative representation leading the trial court into error. It held that although the Kingston Complaint was privileged when filed, the Nelsons' press-conference statements—the Complaint, the Prepared Statement, and oral remarks—lost any privilege through excessive publication to a press lacking a sufficient connection to the litigation. It further held that the group defamation rule does not preclude the claim because the Kingston Complaint specifically named the Pratts. The court remanded to the district court for further consideration of the defamation claim.