The Second Circuit today affirmed Judge’s Oetken’s decision from August 2013 dismissing defamation claims against the New Yorker stemming from a 2010 profile of Peter Paul Biro, a specialist in art authentication through fingerprint analysis who was featured in the documentary Who the #$&% is Jackson Pollock?. The Second Circuit found that Rule 8
In the defamation action stemming from a 2010 New Yorker profile of Peter Paul Biro (a specialist in art authentication through fingerprint analysis who was featured in the documentary Who the #$&% is Jackson Pollock?), Judge Oetken yesterday granted a motion for judgment on the pleadings filed by the New Yorker Defendants (Conde Nast, and David Grann, the profile’s author), and motions to dismiss filed by the Republisher Defendants (Yale University Press, artfagcity.com editor Paddy Johnson, Gawker Media, and Business Insider).
Continue Reading Judge Oetken Dismisses Claims in Biro Defamation Lawsuit Relating to New Yorker Article
In a 65-page opinion issued today, Judge Oetken allowed Peter Paul Biro, who is known for art authentication through fingerprint analysis, to proceed with certain of his defamation and related claims arising from a July 2010 New Yorker article raising questions about him. The article itself is appended to the decision. The defendants had moved to dismiss the complaint in its entirety, and, while Judge Oetken concluded that “most of Biro’s claims for defamation based on the express statements contained in the Article or alleged implications that can be drawn from the Article must be dismissed,” he determined that certain specific statements were potentially actionable. Judge Oetken also determined that the “overall impact” of the article was not defamatory and rejected any claim under that theory:…
Continue Reading Judge Oetken Allows Art Authenticator to Proceed With Defamation Claims Concerning New Yorker Article