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Division 1 Court of Appeals

Harley Franco et ano v MacQuarie Capital (USA) Inc. et al. A jury found Harley Franco, CEO of Harley Marine Services, was defamed by a statement made in a Delaware lawsuit by Franco’s corporate business partner, MacQuarie. However, the trial court directed the verdict for MacQuarie based on the litigation privilege, which bars civil liability for statements made in a judicial proceeding. Franco appeals the directed verdict. He also challenges the court’s refusal to give a proposed instruction, the court’s rulings regarding a third party witness and her notes, and the court’s admission of statements about a investigation by an attorney that led to Franco’s termination. COA #842927. King County Superior Court #18-2-16360-9 SEA.