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 »
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Posts Categorized: Defamation
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 »
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 »
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 »
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 »
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 in GEM Holdco, LLC v. Changing World Technologies, L.P., Index No. 650941/2013, ruling that a defamation claim arising from a press release explaining a party’s defenses and anticipated counterclaims in a pending lawsuit was barred by New York’s absolute... Read more »
Defamation Claim Dismissed Because Not Pled With Particularity
On April 23, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in Patterson v. Wilhelmina Intl., Ltd., 2014 NY Slip Op. 31092(U), dismissing a defamation claim because it was not pled with particularity. In Patterson, the defendant moved to dismiss the plaintiff’s defamation claim. The court granted the motion because... Read more »
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. 07414, dismissing claims based on, among things, the judicial proceedings privilege. The First Department noted that “[t]he judicial proceedings privilege applies to causes of action other than defamation. However, it does not apply to” allegations of “malpractice,... Read more »