Lenny Dykstra v. St. Martin’s Press LC, MacMillan Publishing Group, LLC, Ronald Darling et al, 2020 NY Slip Op31813 (U) (Supreme Court, NY Cty.) Representation of former Mets star pitcher Ron Darling against a defamation claim by his former teammate Lenny Dykstra, based on a mention of Dykstra in a book Darling wrote. Darling moved to dismiss the complaint on the grounds that Dykstra’s reputation, based on his own conduct, statements, and surrounding circumstances, was so bad that Dykstra was “libel-proof” as a matter of law. The court agreed, and dismissed the case. Keep on Kicking Music, Ltd. v. Hibbert, 2016 U.S. Dist. LEXIS 109326 (S.D.N.Y. 2016); and Keep on Kicking, Ltd. v. Hibbert, 2017 WL 323644 (S.D.N.Y. 2017) Representation of International music publisher Keep on Kicking against Reggae musician Toots Hibbert in multi-year litigation involving publishing and related rights to numerous compositions. The district court declared that KOK was the exclusive and worldwide administrator, co-owner, and co-publisher of the compositions, and granted related relief to KOK, and when Hibbert tried to pursue his claims in Jamaica, the district court enjoined Hibbert and granted the Firm $12,500 in sanctions.
Veneruso v. Mount Vernon Neighborhood Health Center, 2014 U.S. App. LEXIS 8449, 2014 WL 1776011 (2d Cir. May 6, 2014), aff’g 933 F. Supp.2d 613, 2013 U.S. Dist. LEXIS 40522, 2013 WL 1187445 (S.D.N.Y. 2013) Representation of a health plan which sued one of its sponsors in state court, alleging statutory violations and related common law claims arising out of the withdrawal of almost $1 million of the Plaintiff’s funds. The Defendant tried to “make a federal case out of it” by removing it to federal court on the basis of claims of the existence of federal funds, federal questions, federal agency, and sovereign immunity. The district court rejected all such claims and the Second Circuit unanimously affirmed, resulting in a remand of the case back to state court.
Gardiner International, Inc., and E. Nicholas P. Gardiner v. J.W. Townsend and Company, Inc. and John W. Townsend, Index No. 602002/03 (Sup CT NY Cty 2008) Representation of Gardiner International, Inc. and its principal Nicholas Gardiner, executive search consultants who were entitled to $600,000 as their 75% share of an $800,000 placement fee on the basis of their having initiated the search that led to the fee. The defendants, who were partners of the Gardiner parties, obtained and withheld the entire fee on the basis of their claim that they had been involved in the placement. A unanimous state court jury awarded the Gardiner parties their full $600,000 share, determining that entitlement to the 75% share was based on initiation, not placement.
Roundabout Theatre Company, Inc. v. Continental Casualty Company, and J & H Marsh & McLennan, Inc., 2004 Slip Op 303916 (1st Dep't May 13, 2004) Representation of J & H Marsh & McLennan, Inc., a major insurance broker accused of misconduct in connection with responding to a client's insurance needs. The unanimous Appellate Division decision, affirming the trial court's grant of summary judgment dismissing the complaint, held that the broker's express disclaimer of responsibility until it could meet with the client to properly assess the client's needs, together with the fact that no such meeting was held, resulted in no liability as a matter of law.
Purgess v. Sharrock and Hospital for Special Surgery, 33 F. 3d 134 (2d Cir. 1994) Representation of Jan Purgess, a doctor terminated and defamed by accusations of malpractice and misconduct. The case resulted in the largest jury verdict for defamation of a doctor ever sustained in New York. The unanimous circuit court decision affirming the $5.1 million total damage award established that neither mandatory reporting requirements nor statutory privileges would insulate hospitals or their department heads from the consequences of actions taken in bad faith.