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Posts Categorized: Defamation

Posted: 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 Op. 01511, upholding claims for malicious prosecution and defamation based on allegations in a complaint, explaining: Plaintiff alleges that, for improper purposes, defendants brought an action for a declaration that he resigned from G2 Investment Group,… Read more »

Posted: 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 there anything I can do? By John M. Lundin As the internet has grown, so, too, has the problem of people writing things that are false about businesses or other people. Most of us know to… Read more »

Posted: 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. O’Murchadha The “threatening attorney letter” is a common feature of many of the business-related disputes discussed in these Client Q&As. If you suspect that a former (or current) employee or business partner is about to breach… Read more »

Posted: 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 in Thomas v. G2 FMV, LLC, 2016 NY Slip Op. 30143(U), denying a motion to dismiss based on judicial proceeding immunity. The action arose from another pending litigation in which defendant G2 sued the plaintiff Thomas for a declaratory… Read more »

Posted: 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 in EVUNP Holdings LLC v. Fryman, 2015 NY Slip Op. 31840(U), dismissing a defamation claim. In EVUNP Holdings, the plaintiffs brought an action “related to their collaboration in a business enterprise involving several entities, including” the defendants. One of… Read more »

Posted: 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 of the marketplace, competitors often say things about each other that are less than complimentary. When your competitor’s statements cross the line from providing truthful information (e.g., “we are the highest selling car dealership in New… Read more »

Posted: 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 Op. 01554, holding that statements made by attorneys prior to the commencement of litigation are protected by a qualified privilege if the statements are pertinent to a good-faith anticipated litigation. In Front, Inc., counsel for plaintiff… Read more »

Posted: 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 in International Publishing Concepts, LLC v. Locatelli, 2015 NY Slip Op. 50049(U), analyzing the contours of the litigation privilege and claims for defamation. In International Publishing Concepts, the plaintiff moved to dismiss counterclaims by the defendant and third-party defendant… Read more »