Stanley Hagendorf v. David A. Brown, Martin W. Basiszta

Hagendorf, a law professor and author, appeals from the dismissal of his defamation suit against his former student, David Brown, and Brown’s attorney, Basiszta. FACTS

In the fall of 1978, Brown’s 1977 term paper to Professor Hagendorf was published in a legal periodical at the latter’s suggestion. Neither the paper nor the periodical carried a copyright notice. Hagendorf later published an article on the same topic in a Commerce Clearing House (CCH) publication.

A month after the CCH publication, Basiszta, an attorney in a firm with which Brown was associated, sent two letters, one to Hagendorf and the other to CCH, stating that the article infringed Brown’s copyright. It demanded retraction, acknowledgement of Brown’s authorship, and further recompense.

Hagendorf sued Brown and Basiszta for defamation. He claimed that, because of the letter to CCH, he had been unable to have a second edition of a book published and had not received his usual number of lecture invitations.

A magistrate ruled that because the letter was a demand from an attorney it was absolutely privileged under California law. The district court accepted that recommen dation and dismissed the action pursuant…