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Defamation

In Pall v. Roosevelt Union Free Sch. Dist., No. 11734/13, 2016 WL 6885459 (N.Y. App. Div. 2nd Dept Nov. 23, 2016), the court affirmed the dismissal – for failure to state a claim under CPLR 3211(a)(7) – of plaintiff’s defamation and (NYS Human Rights Law) hostile work environment claims. The facts, as summarized by the […]

In Whipple v. Reed Eye Associates, No. 15-CV-6759L, 2016 WL 5719431 (W.D.N.Y. Oct. 3, 2016), the court dismissed plaintiff’s claim for retaliation, but sustained her claims for tortious interference with economic advantage and defamation. In dismissing her retaliation claim against one defendant, the court explained: [P]laintiff alleges that Weissend sexually harassed her, and that after she […]

Most people, especially this guy, know that saying the word “bomb” in/near an airplane or airport is a bad idea. In Baez v. JetBlue, 14-2754-cv (2nd Cir. July 16, 2015), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of an irate passenger’s lawsuit arising from actions taken by JetBlue and its employee in […]

In a somewhat unusual departure from my typical blog posts, this one is about a cease-and-desist letter addressed to me personally. The letter (here, with selected exhibits and below), from Florida lawyer Casey Cummings of Florida law firm Kenner & Cummings PLLC, asserts that a blog post I published on June 3, 2014 is “defamatory”, asks me “kindly” to take […]

No one likes/wants to be sued. Process servers – people hired by attorneys to deliver litigation papers to a named defendant – are, therefore, not exactly “welcome” when they attempt to serve papers on a defendant. A recent case, Galtieri v. Uptown Communications & Electric, Inc. and Jonathan Smokler, Sup. Ct. Qns. Cty. 19589/2012, illustrates […]

Below is the New York  state court complaint, captioned Lindsay Lohan and Dina Lohan v. Fox News Network, LLC et al. (NY Sup. Ct. Index No. 150973/2015) filed on February 2, 2015 by Lindsay Lohan and her mom Dina Lohan, against (among others) Fox News Network, Michelle Fields, and Sean Hannity. Plaintiffs allege, among other things, […]

In Ibraheem v. Wackenhut Services (decided May 9, 2014), the Eastern District of New York denied defendants’ motion for summary judgment as to plaintiff’s religious discrimination, retaliation, and hostile work environment claims. Until his termination, plaintiff – a black male Muslim – worked for defendant as a security officer at 26 Federal Plaza in New York […]

Below is the age and disability discrimination complaint, captioned Staropoli v. St. Luke’s Cornwall Hospital and Debra Tompkins, 14 CV 3317, filed in the Southern District of New York on May 7, 2014. Plaintiff, who is 60 years old and suffers from Tourette Syndrome and Type II Diabetes, alleges, among other things, that “[b]y failing […]

In Catalanello v. Kramer (decided May 7, 2014), Southern District Judge Paul Engelmayer dismissed plaintiff Robert Catalanello’s complaint alleging defamation and false light invasion of privacy against law professor Zachary Kramer. Applying New Jersey law, the court held that the alleged defamatory statements (which were contained in Kramer’s law review article titled “Of Meat and Manhood” and […]

Lawyer Sues Clients for Defamation, Loses

by mjpospis on January 25, 2014

in Defamation

In Frechtman v. Gutterman, the Appellate Division, First Department affirmed the dismissal of a defamation claim brought by an attorney against his clients. Specifically, the court held that the complained-of-statements were non-actionable opinion, and were protected by absolute and qualified privileges. The facts: Plaintiff, A. Bernard Frechtman, a practicing attorney for more than 60 years, […]