Trachtenberg v. Failedmessiah.com
43 F. Supp. 3d 198
E.D.N.Y2014Background
- Marisa Trachtenberg, a New York (Queens) resident, sued Scott Rosenberg (operator of FailedMessiah.com, a Minnesota-based website) for defamation, negligence, and IIED after an August 27, 2013 post alleged she was arrested for sexually abusing a “very young child.”
- The criminal charges against Trachtenberg were dropped immediately after arraignment; the alleged victim was fifteen and Trachtenberg worked at a single preschool, contrary to the article’s claims.
- Rosenberg posted the article from Minnesota; the site targeted a global Orthodox-Jewish audience and at one time ran ads sold through a New York-based agency (KelseyMedia), which Rosenberg says he left before the post.
- Defendant moved to dismiss: (1) defamation for lack of personal jurisdiction and for failure to state a claim under New York law; and (2) negligence and IIED for failure to state claims. Plaintiff sought limited jurisdictional discovery.
- The court found no personal jurisdiction under N.Y. C.P.L.R. § 302(a)(1) for the defamation claim and dismissed the negligence and IIED claims for failure to state claims; sanctions were denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Personal jurisdiction over defamation | Rosenberg targeted New York/NY Orthodox readers (Five Towns reference, site readership, ads) and relied on a NY source; thus transacted business in NY | Rosenberg published from Minnesota to a global audience; posting on a website and incidental contacts (Webcrims check, NY source, past ad agent) do not constitute transacting business in NY for defamation | Dismissed for lack of personal jurisdiction under §302(a)(1); plaintiff’s targeting and research theories insufficient; limited jurisdictional discovery denied |
| Negligence claim | Publication of false article created duty/breach causing harm | Conduct is the tort of defamation, not negligence; no duty or breach pleaded | Dismissed for failure to state a negligence claim as duplicative of defamation and lacking duty/breach allegations |
| IIED claim | Rosenberg knowingly misdescribed the victim as a "very young child" to cause distress | The alleged conduct is not extreme/outrageous beyond bounds of decency; claim duplicates defamation; no severe distress pleaded | Dismissed for failure to state IIED: allegations not sufficiently extreme and severe; duplicative of libel tort |
| Sanctions request | (N/A) | Sought sanctions against plaintiff for filing suit | Denied — plaintiff’s arguments were colorable and did not warrant sanctions |
Key Cases Cited
- Best Van Lines, Inc. v. Walker, 490 F.3d 239 (2d Cir. 2007) (posting defamatory material on a website accessible in NY does not alone constitute transacting business under §302(a)(1))
- Calder v. Jones, 465 U.S. 783 (U.S. 1984) (discusses "effects" jurisdiction in defamation but distinguishes state long-arm constraints)
- SPCA of Upstate N.Y., Inc. v. Am. Working Collie Ass'n, 18 N.Y.3d 400 (N.Y. 2012) (out-of-state website posts about NY conduct insufficient for §302(a)(1) absent substantial in-state conduct)
- Johnson v. Ward, 4 N.Y.3d 516 (N.Y. 2005) (elements of §302(a)(1): defendant transacted business in NY and cause of action arose from that transaction)
- Licci v. Lebanese Canadian Bank, 20 N.Y.3d 327 (N.Y. 2012) (requires an articulable nexus between in-state transaction and cause of action)