941 F. Supp. 2d 267
E.D.N.Y.2013Background
- Plaintiffs Lader and Spendan Sports LLC market sports memorabilia and likenesses.
- Delgado, a former baseball player, allegedly entered into a 2006 agreement with Authentic Memorabilia LLC for exclusive marketing duties and payments.
- Delgado allegedly breached obligations by improper signaling on bats and by links to a physician linked to PEDs; plaintiff claims malice and interference with contracts.
- Delgado filed a 2009 state court action asserting fraud and related misconduct; Lader was initially named then removed from most claims in an amended complaint.
- Plaintiffs in this federal action allege online publication of initial 2009 Action allegations caused reputational damage and tortious interference.
- Defendant moved to dismiss under Rule 12(b)(6); the court granted dismissal, finding no plausible defamation or tortious interference claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a defamation claim is time-barred or improper in pleading. | Lader argues no defamation claim is pled; uniqueness of case. | Statements from the 2009 Action are time-barred and privileged as pleadings. | Defamation claims time-barred and precluded by privilege. |
| Whether any asserted tortious interference claim is plausibly pleaded. | Alleges interference with existing/prospective contracts by malice. | No identifiable contract or wrongful means shown. | No plausible claim for tortious interference; dismissed. |
| Whether the complaint states any viable claim after recharacterization of claims. | Claims are asserted generally, not by specific causes of action. | Labeling misconstruction still fails to state actionable claims. | No viable state-law claims survive; dismissal affirmed. |
Key Cases Cited
- Holmes v. Grubman, 568 F.3d 329 (2d Cir. 2009) (allegations on motion to dismiss treated in plaintiff's favor)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (S. Ct. 2007) (plausibility pleading standard)
- Baez v. JetBlue Airways, 745 F. Supp. 2d 214 (E.D.N.Y. 2010) (defamation elements and per se defamation framework)
- Albert v. Loksen, 239 F.3d 256 (2d Cir. 2001) (defamation and per se guidance; privilege considerations)
- D’Annunzio v. Ayken, Inc., 876 F. Supp. 2d 211 (E.D.N.Y. 2012) (defamation when statements arise from proceedings; absolute privilege)
- Conte v. Newsday, Inc., 703 F. Supp. 2d 126 (E.D.N.Y. 2010) (defamation pleadings and privilege considerations)
- Carvel Corp. v. Noonan, 3 N.Y.3d 182 (N.Y. 2004) (no liability for interfering with prospective contracts absent crime or independent tort)
- Scutti Enters. v. Park Place Entm’t Corp., 322 F.3d 211 (2d Cir. 2003) (wrongful means requirement for prospective contract claims)