A federal appeals court (4th circuit) held that expert witnesses are protected by the witness litigation privilege even when they act with malice or ill-will. The court followed the Briscoe Supreme Court case going so far to say: “The witness had an absolute privilege and the plaintiff could not recover even if the witness knew the statements were false and made them with malice.”

The case in chief was Day vs. John Hopkins Health System. It involved an attempt to apply the RICO statute against a physician who allegedly was involved in a conspiracy to deny coal miners black long benefits.