Thompson v. Bosswick
2012 U.S. Dist. LEXIS 24930
S.D.N.Y.2012Background
- Thompson, former Riverside Trust estate manager, sues Bosswick, Ehrenkranz (as Riverside Trust trustees), and Lambert (trustee/manager) for defamation and related claims.
- Thompson signed an at-will confidentiality agreement; termination followed allegations of kickbacks and misconduct.
- Thompson was terminated in Oct. 2009; he alleges a 90-day transitional period with severance was promised but not delivered.
- He sought employment through several agencies; some defendants allegedly provided negative references.
- The court grants summary judgment in part and denies in part, largely dismissing non-defamation claims or evidence of harm, while leaving defamation issues for trial.
- Key factual disputes include whether Lambert made defamatory statements to Minuto and to others and whether any severance or transition agreements existed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Defamation merits against Lambert | Thompson alleges Lambert made false statements to Pache, Minuto, Gerow, and Warren harming his employment prospects. | Lambert's remarks were either opinions or non-actionable; some statements cannot be shown false or damaged. | Partially denied for Minuto; others dismissed or unresolved; defamation goes to trial on remaining statements. |
| Tortious interference with prospective relations | Lambert interfered with Thompson’s opportunities with Calendar Group, Mahler, and Minuto. | No direct interference proven; no evidence of intentional procurement of breaches. | Granted summary judgment for Calendar Group and Mahler; Minuto claim dismissed for lack of damages. |
| Breach of the implied covenant of good faith and fair dealing | At-will status notwithstanding, Thompson had implied covenant protections. | No implied covenant attaches to at-will employment per controlling law. | Granted summary judgment for Thompson on this claim (dismissed). |
| Breach of contract / third-party beneficiary | Thompson was intended beneficiary of Lambert–Trust confidentiality and severance arrangements. | No clear contract naming Thompson as beneficiary or severance practice. | Dismissed for confidentiality agreement; severance claim dismissed for lack of evidence of agreement/practice. |
Key Cases Cited
- Chandok v. Klessig, 632 F.3d 803 (2d Cir. 2011) (defamation elements and requiring privilege analysis)
- Pure Power Boot Camp, Inc. v. Warrior Fitness Boot Camp, LLC, 813 F.Supp.2d 489 (S.D.N.Y. 2011) (defamation per se and injury to trade standards)
- Liberman v. Gelstein, 80 N.Y.2d 429 (N.Y. 1992) (malice standards; common-interest privilege and defamation)
- Gallo v. Prudential Residential Servs., L.P., 22 F.3d 1219 (2d Cir. 1994) (summary judgment standards and evidence requirements)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (U.S. 1986) (summary judgment standard; weighing evidence)