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In an opinion Monday, Judge Castel allowed (in part) defamation claims to proceed against the makers of the film, “When They See Us,” about the “Central Park Five.” The first sentences of the opinion summarize the context: “On the night of April 19, 1989, a young woman was viciously beaten and raped in Central Park. Five young men of color (the ‘Five’), ranging in age from 14 to 16, were arrested, tried and convicted for the attack. They were exonerated in 2002, after the confession of a man whose DNA matched a sample found near the victim.”

The case was brought by one of the prosecutors, Linda Fairstein, who is “portrayed as the central villain” in the film. Judge Castel explained that, while the film dramatized certain of the events, viewers would still understand it as conveying the “essence” of what really happened, and thereby capable of defaming someone if that portrayal were untrue:…
Continue Reading Judge Castel: “Docudrama” Over Central Park Five Can Be The Subject of Defamation Claims

In an opinion yesterday, Judge Castel denied in part a motion to compel certain drafts of sales and marketing documents withheld as privileged in an antitrust case.  The plaintiff argued that the attorneys were not providing legal advice but, instead, “‘scrubbing’ or ‘vetting’ these documents ‘to avoid having a jury see the unvarnished truth.”  Judge Castel disagreed, and emphasized that it is perfectly appropriate for lawyers to review documents before any wider circulation:…
Continue Reading Judge Castel:  Attorney Review of Draft Corporate Documents Is “Prudent,” Not “Subterfuge” to Evade Discovery

Last week, Jeffrey Atkins (better known as Ja Rule) asked Judge Castel to dismiss claims against him stemming from the “Fyre Festival,” a 2017 music festival in the Bahamas that descended into chaos after organizers were unable to deliver the luxury accommodations, celebrity chefs, and musical acts that attendees were expecting (see NYT coverage here).  Plaintiffs accused Atkins specifically of making two social media posts upon which the plaintiffs relied – promising that the festival would be “the biggest FOMO-inducing event of 2017” and promising attendees the day before the festival that “the stage is set” (see complaint here).

In his motion to dismiss, Atkins argued that these two posts were the only statements upon which plaintiffs could even have claimed to relied, as other statements by Atkins did not become publicly known until after the festival occurred:…
Continue Reading Ja Rule: Social Media Posts Do Not Create Liability for Failed “Fyre Festival”

In an opinion this week by Judge Forrest (sitting by designation), the Second Circuit reversed in part Judge Castel’s dismissal (covered here) of claims brought by a University of Virginia fraternity against Rolling Stone magazine over a widely discredit article telling the story of a source named “Jackie” being gang raped at a fraternity party.

The Second Circuit found that the complaint made out a plausible claim of “small group defamation” :…
Continue Reading Second Circuit Revives “Small Group Defamation” Claim By Fraternity Against Rolling Stone

Today, Judge Castel denied an attempt to enjoin the enforcement of New York’s Election Law § 17-130, or the so-called “ballot selfie” ban.  Judge Castel found that the state’s interest in protecting against voter fraud and intimidation by preventing voters from revealing the content of their ballots (even if through Instagram) was a reasonable First Amendment restriction:…
Continue Reading Judge Castel Denies Injunction Against Enforcement of “Ballot Selfie” Ban