Defamation

Defamation claims are not easy to prove. One (substantial) hurdle that a defamation plaintiff must overcome is demonstrating that the alleged defamatory remark was a false statement of fact, rather than (non-actionable) opinion. This is illustrated by a recent court decision, Cardali v. Slater, 2018 NY Slip Op 08544 (App. Div. 1st Dept. Dec. 13, 2018).…

Read More Libel Claim Properly Dismissed; “Common Criminal” Remark Was Nonactionable Opinion

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 Campaign

In 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 § 74

In 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 Counterclaim

In 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 Privilege

In Edwards v. Nicolai, 2017 NY Slip Op 06235 (App. Div. 1st Dept. Aug. 22, 2017), the court modified a lower court’s Order (issued by Judge Shlomo Hagler) dismissing plaintiff’s causes of action for gender discrimination in violation of the New York State and New York City Human Rights Laws, to deny defendant’s motion as to those…

Read More Court Reinstates “Too Cute” Gender Discrimination Claims Under NYS and NYC Human Rights Laws

In 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 Firm

In a recent filing in Summer Zervos’ defamation lawsuit against Donald Trump, defendant seeks (inter alia) to have the court “first resolve whether it has authority under the United States Constitution to assert jurisdiction over the President and adjudicate this case during his time in office.” Citing the Supreme Court cases of Clinton v. Jones and…

Read More Filing Sets Stage For Battle Over Presidential Immunity in Summer Zervos’ Lawsuit Against Donald Trump

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…

Read More “Bitches” Comment Was Opinion; Teacher’s Defamation and Hostile Work Environment Claims Properly Dismissed

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…

Read More Tortious Interference and Defamation Claims Survive, Retaliation Claim Dismissed, in Sexual Harassment Case