In Avril Nolan, Claimant, State of New York, Defendant., No. 123283, 61 Misc. 3d 1225(A), 2018 N.Y. Slip Op. 51789(U), 2018 WL 6497131 (N.Y.Ct.Cl., Nov. 08, 2018), the Court of Claims awarded the Claimant – a model whose image was used by the New York State Division of Human Rights in an advertising campaign to…
Read More Model Awarded $125k in Damages Arising Out of Use of Image in HIV Rights CampaignIn Gillings v. New York Post, 2018 NY Slip Op 07413 (App. Div. 2nd Dept. Nov. 7, 2018), the court affirmed the dismissal of a defamation action against the New York Post and Julia Marsh, on the basis of New York Civil Rights Law § 74. The court summarized the law as follows: Civil Rights Law § 74…
Read More Defamation Action Against New York Post Dismissed Under NY Civil Rights Law § 74In Volpe v. Paniccioli, 2017 NY Slip Op 51554(U) (N.Y. Sup. Ct. Sup. Cty. Nov. 15, 2017), a case involving allegations of (inter alia) sexual harassment, the court denied the plaintiff’s motion to dismiss defendant’s counterclaims for, e.g., defamation. By her motion, plaintiff “contends that the statements she has made are absolutely privileged as they were made…
Read More Court in Sexual Harassment Case Holds That Providing Information to Press Was Not “Absolutely Privileged”; Denies Motion to Dismiss Defamation CounterclaimIn Sandia v. Wal-Mart Stores, East LP, 2017 WL 4862427 (2d Cir. Oct. 27, 2017) (Summary Order), the court affirmed the district court’s award of summary judgment to defendant on plaintiff’s claims of racial and national origin discrimination, retaliation, and a hostile work environment in violation of Title VII of the Civil Rights Act of…
Read More Defamation Claim Fails; Statements to Prospective Employer Were Subject to Qualified PrivilegeIn Rubin v. Napoli Bern Ripka Shkolnik, LLP, 2017 NY Slip Op 05054 (App. Div. 1st Dept. June 20, 2017) – a gender discrimination lawsuit – the court unanimously affirmed the denial of defendant’s motion to amend his answer to assert counterclaims for defamation and defamation per se. From the decision: [D]efendant fails to state with particularity…
Read More Defamation Counterclaims Insufficiently Alleged in Gender Discrimination Suit Against Napoli Bern FirmIn 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…
Read More “Bitches” Comment Was Opinion; Teacher’s Defamation and Hostile Work Environment Claims Properly DismissedIt’s an old story, really: boy meets girl, boy cheats on girl, boy leaves second girl, girls post nasty comments about boy on www.liarscheatersrus.com, boy files lawsuit alleging defamation and tortious interference with prospective business relations… In Couloute v. Ryncarz et al., 11-cv-5986 (SDNY Feb. 15, 2012), the court found that plaintiff failed to state plausible claims…
Read More Court dismisses attorney’s lawsuit against ex-girlfriends for online rants