1:23-cv-10758
S.D.N.Y.Jun 21, 2024Background
- Plaintiff Aaliyah Jones entered a 24-month Marketing Agreement with defendant Bluresca, LLC in 2022 to provide social media content, including on OnlyFans, in exchange for Bluresca's promotional services.
- Bluresca was to manage accounts, retain profile ownership, and promote Jones's content by increasing her followers via paid promotions.
- Jones alleged Bluresca initially promoted her accounts but later reduced its investment and failed to support her growth, despite allegedly collecting significant fees.
- Jones's OnlyFans account was banned after a post suggested she was underage; Jones alleged this content was posted by Bluresca while managing her account.
- Jones sued for breach of contract (for lack of investment and for posting the underage content), defamation, and negligence; Bluresca moved to dismiss all claims under Rule 12(b)(6).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Breach of Contract – Failure to Invest | Bluresca failed to continually invest financial resources as promised | Discretion in agreement allowed Bluresca control; fulfilled obligation by initial shoutouts | Dismissed—agreement gave Bluresca discretion; not a breach |
| Breach of Contract – Underage Post | Bluresca posted content suggesting underage status, breaching duty | Wouldn't make self-defeating post; no damages properly alleged | Denied—claim based on implied covenant of good faith survives |
| Defamation | Post indicating underage status was defamatory per se | Plaintiff didn't plead specifics of statement, speaker, or timing; higher fault standard applies | Dismissed—lack of detail as to statement and speaker; leave to amend |
| Negligence | Separate duty of care violated | Negligence duplicative of contract claims; same duty arises from contract | Dismissed—no separate duty outside the contract |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (standard for plausibility on a motion to dismiss)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (plausibility standard for complaints)
- Gillespie v. St. Regis Residence Club, 343 F. Supp. 3d 332 (S.D.N.Y. 2018) (implied covenant of good faith and fair dealing)
- Broder v. Cablevision Sys. Corp., 418 F.3d 187 (2d Cir. 2005) (implied covenant cannot add new substantive obligations to contract)
- Lerman v. Flynt Distrib. Co., 745 F.2d 123 (2d Cir. 1984) (limited public figure test for defamation)
- Dillon v. City of New York, 261 A.D.2d 34 (N.Y. App. Div. 1999) (defamation elements under New York law)