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July 11, 2022 Opinions Are Not Defamatory Even If Offensive
On April 1, 2022, in Lewis v. Schuster, Index No. 157975/2020, Justice Andrea Masley of the New York County Commercial Division dismissed a defamation action brought by a former partner of a law firm who was terminated after being accused of sexual misconduct. The former partner sued both the law firm and several of its partners for wrongful termination and later, in an amended complaint, defamation.  In this action, the former (terminated) partner sued an attorney representing one of the law partners for allegedly defamatory statements made to the New York Law Journal which wrote an article covering the amended complaint. Read More
September 9, 2021 ADA Class Action Proposal, Municipal Defamation Claims Written by: Harvey M. Stone, Richard H. Dolan
In this edition of their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report o… Read More
June 28, 2021 Defamation Claim Dismissed Based on Absolute Litigation Privilege
On June 17, 2021, the First Department issued a decision in Lewis v. Pierce Bainbridge Beck Price He… Read More
February 21, 2021 Defamation Claim Dismissed Because Statements Complained of Were Statements of Opinion
On February 9, 2021, the First Department issued a decision in Eros Intl., PLC v. Mangrove Partners,… Read More
December 31, 2020 Statute of Limitations on Defamation Claim Runs from Date of Statement, Not Date of Discovery
On December 17, 2020, Justice Ostrager of the New York County Commercial Division issued a decision … Read More
December 11, 2020 Whether Particular Words Are Defamatory Is for a Court to Determine in the First Instance
On December 3, 2020, the First Department issued a decision in Savitt v. Cantor, 2020 NY Slip Op. 07… Read More
November 4, 2020 Litigation Privilege Does Not Extend to Communications to Non-Party That Are Unrelated to the Litigation
On October 27, 2020, the First Department issued a decision in 3P-733, LLC v. Davis, 2020 NY Slip Op… Read More
October 7, 2020 Whether Employer is Responsible for Employee's Defamatory Statements is a Question of Fact
On October 2, 2020, the Fourth Department issued a decision in Elizabeth Votsis & Crave L&D, LLC v. … Read More
March 26, 2020 Absolute Privilege Applies to Contractual Non-Disparagement Clauses
On March 5, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Mal… Read More
March 18, 2020 Defamation Claim Cannot Be Based on Expressions of Opinion
On February 25, 2020, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
January 19, 2020 Statement That Counterclaimants Were "Scammers," "Con Artists" and "Thieves" Basis for Defamation Claim
On January 8, 2020, the Second Department issued a decision in Levy v. Nissani, 2020 NY Slip Op. 001… Read More
November 27, 2019 Retaliation Claims Barred by Noerr-Pennington Doctrine
On November 15, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
April 29, 2019 Defamation Claim Dismissed for Failure to Plead Circumstances of Defamatory Statement With Particularity
On April 9, 2019, the First Department issued a decision in Offor v. Mercy Med. Ctr., 2019 NY Slip … Read More
April 24, 2019 Questions of Fact Preclude Dismissal on Litigation Privilege Grounds of Claim Based on Defendant's Alleged Pre-Ligitation Defamatory Statement
On March 25, 2019, Justice Masley of the New York County Commercial Division issued a decision in P… Read More
March 30, 2019 Defamation Claim Dismissed Because it Was Based on Conclusions Drawn from Undisputed Facts
On March 8, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Eros… Read More
March 14, 2019 Qualified Privilege Bars Defamation Claim
On February 26, 2019, the First Department issued a decision in L.Y.E. Diamonds, Ltd. v. Gemological… Read More
March 5, 2019 Defamation Claim Dismissed; Alleged Defamatory Statements Subject to Qualified Privilege
On February 20, 2019, the Second Department issued a decision in Udeogalanya v. Kiho, 2019 NY Slip … Read More
March 3, 2019 Tortious Interference Based on Defamation Must be Pleaded With Particularity
On February 13, 2019, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
March 13, 2018 Fair Report Privilege Bars Defamation Claim Against Law Firm
On February 16, 2018, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
March 4, 2018 Libel Claim Based on Press Release Relating to Ongoing Litigation Dismissed
On March 1, 2018, the First Department issued a decision in FCRC Modular, LLC v. Skanska Modular LLC… Read More
January 12, 2018 Defamation Claim Barred by Fair and True Report Privilege
On January 11, 2018, the First Department issued a decision in Highland Capital Management, L.P. v. … Read More
December 21, 2017 Motion to Dismiss Defamation Claims Granted Based on Qualified Privilege
On December 7, 2017, Justice Ostrager of the New York County Commercial Division issued a decision i… Read More
December 1, 2017 Litigation Privilege Bars Defamation Claim
On November 28, 2017, the First Department issued a decision in Peters v. Coutsodontis, 2017 NY Slip… Read More
March 13, 2017 Allegations of Malicious Prosecution and Defamation Based on Allegations in Complaint Upheld
On February 28, 2017, the First Department issued a decision in Thomas v. G2 FMV, LLC, 2017 NY Slip … Read More
January 5, 2017 Defamation Action Based on Claims Made in Fight to Control Co-op Board Dismissed
On December 28, 2016, the Second Department issued a decision in Holliswood Owners Corp. v. Rivera, … Read More
October 3, 2016 Client Q&A: Someone made a posting on a website that is not just untrue, it also is hurting my business. Is there anything I can do?
Someone made a posting on a website that is not just untrue, it also is hurting my business. Is the… Read More
August 13, 2016 No Defamation Claim for Failure to Allege Place Where the Defamatory Statement Was Made
On August 11, 2016, the First Department issued a decision in Beach v. Touradji Capital Management, … Read More
March 7, 2016 Client Q&A: My old boss’s lawyers are sending threatening letters to my new boss. What can I do?
My old boss's lawyers are sending threatening letters to my new boss. What can I do? By Niall D. Oâ… Read More
February 8, 2016 Judicial Proceeding Immunity Is Not Absolute
On January 27, 2016, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
October 10, 2015 Accusations of Trespass Not Defamation Per Se
On September 30, 2015, Justice Bransten of the New York County Commercial Division issued a decision… Read More
September 8, 2015 Client Q&A: A competitor just told a lie about me. Can I sue him?
A competitor just told a lie about me. Can I sue him? By Erik S. Groothuis. In the rough-and-tumble… Read More
February 25, 2015 Court of Appeals Holds that Qualified Litigation Privilege Applies to Pre-Litigation Statements
On February 24, 2015, the Court of Appeals issued a decision in Front, Inc. v. Khalil, 2015 NY Slip … Read More
February 4, 2015 Court Examines Absolute and Qualified Privilege to Defamation Claims
On January 15, 2015, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
August 29, 2014 Defamation Claim Dismissed Where Statements Were Protected By "Fair Reporting" Privilege
On August 28, 2014, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
May 6, 2014 Defamation Claim Dismissed Because Not Pled With Particularity
On April 23, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision i… Read More
November 14, 2013 First Department Addresses Scope of the Judicial Proceedings Privilege
On November 12, 2013, the First Department issued a decision in Hadar v. Pierce, 2013 NY Slip Op. 07… Read More