Laurence Davis v. Norman M. Littell

The question presented by this appeal is whether appellee, by virtue of his position as general counsel for the Navajo Tribe, was entitled to assert absolute privilege as to defamatory statements made by him within the scope of his official duties.

Suit was brought by appellant in the District Court for the District of Arizona, with jurisdiction founded on diversity of citizenship. Both parties are non-Indians who were employed by the Navajo Tribe at the time of the alleged defamation: appellee as general counsel, appellant as his assistant. Appellant alleges that due to appellee’s defamatory statements to the Tribal Council and others appellant was discharged from office and suffered loss of reputation.

The District Court rendered summary-judgment in favor of appellee, holding, in part:

The holding of the District Court involves several issues upon each of which appellant disputes the court’s ruling. Arizona has not spoken upon these issues. Thus the rulings entail a prediction, stated generally, as to the extent to which the courts of the State of Arizona would attribute to the Navajo Tribe (and on its behalf enforce) a rule which the state, in the public interest, has seen…