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Posts Categorized: Defamation

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 »

Posted: 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 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 »

Posted: 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 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 »

Posted: 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. 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 »