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In an important
decision
that upholds, strengthens and clarifies the “fair report” privilege that allows the media to report on lawsuits and public meetings, the New Jersey State Supreme Court on May 11, 2010 unanimously overturned a lower court ruling that reports on initial complaints were not protected by the privilege and said that once a court ruled the report was fair and accurate, the media was fully protected from any defamation lawsuit.
Bruce S. Rosen, Kathleen A. Hirce, and Patrice E. LeTourneau represented North Jersey Media Group Inc., publishers of The Record, the Herald News and Northjersey.com. Rosen said that it was a very important decision in favor of a very important privilege for all who report on public affairs. “This decision removes a lot of uncertainty about the fair report privilege and simplifies the law,” Rosen said. North Jersey Media Group had been sued for a new story it published describing a complaint brought by the U.S. Bankruptcy Trustee against the son of the former chairman of a large company that had been accused of extensive fraud. The complaint described almost $500,000 worth of payments made by the company to the son, which it termed a fraudulent transfer and misappropriation of funds. The Record story had described the allegations in the Trustees Complaint as “stealing.” The Supreme Court split 3-3 on whether use of that word was fair and accurate, but because the Appellate Division had also found the report to be fair and accurate (although not protected by fair report because it was an initial complaint), the opinion of the Appellate Division stands, and that portion of the case against North Jersey Media Group is dismissed.
Text of NJ Supreme Court decision
Bruce S. Rosen is quoted in the
New Jersey Star Ledger, Friday, April 22, 2010
discussing a New Jersey Appellate Division decision that defines who is covered by the newsperson’s privilege in a defamation lawsuit involving internet blogging.
The quote: "It's an important decision," Rosen said. "There’s a vacuum out there and this fills a void. I wish it was a little more precise and accurate. It creates a roadmap, but unfortunately some of the signs along the road are unclear or erroneous."
Rosen represented a group of media entities that filed a "friend of the court" brief regarding libel damage issues in the case. The defendant posted comments to a message board about a security breach at the plaintiff company. The company sued for damages.
MARC has a long track record in defense of First Amendment rights and media law counseling and litigation.
Bruce S. Rosen and Kathleen A. Hirce had a
summary judgment
upheld by the Appellate Division of Superior Court in favor of a
Nutley, New Jersey weekly newspaper that was sued for defamation. A front page teaser headline said that two men accused of
civil fraud by the SEC were "arrested," when they were not. The men were not named in the headline and the story describing
the allegations of the $9 million fraud correctly noted the charges were civil. The appeals court said that there was no
"clear and convincing evidence" of actual malice - that is, purposeful or reckless publication of a false and defamatory
statement. The court concluded that the evidence actually demonstrated that the errant word in the headline was "careless
and unfortunate," but not subject to liability. Nutley, NJ April 8, 2010.
Bill Munday joined the firm as a partner after years as a member of Roseland’s Lowenstein Sandler. Bill brings with him wide expertise on the corporate side: corporate counseling, mergers and acquisitions, financing, real estate acquisition and development, commercial leasing, and zoning and planning law, among other areas.
Michael E. Gogal successfully defended a company against a complaint filed with the New Jersey Division on Civil Rights. A former employee of Michael's client alleged discrimination in the company's re-hiring decisions after a company lay-off. After a thorough investigation, the Division determined that "no probable cause" existed for the allegation, and dismissed the complaint against Michael's client.
Bruce S. Rosen and Katie Hirce recently won the case in the New Jersey Supreme Court against an exception to the "fair report" privilege found by the Appellate Division that would subject the media for defamation lawsuits if they write about initial complaints filed in court. The name of the case is Salzano v. North Jersey Media Group Inc.
Paul Carvelli successfully defended a lawsuit seeking damages and a contempt citation for false advertising claims brought by the Federal Trade Commission. Mr. Carvelli served as co-counsel in the matter FTC v. Lane Labs-USA, Inc., in which the U.S. District Court in Newark, following a week-long trial, returned a “no-cause” decision in favor of defendants rejecting the FTC’s false advertising claims. Sills, Cummis & Gross, P.C. served as co-counsel with Mr. Carvelli.
John McCusker, with the assistance of Patrice LeTourneau, recently won two motions to dismiss all claims, with prejudice, on behalf of two of the three named defendants
in a consumer fraud claim against a former parent company to a manufacturer of decking and railing products.
John McCusker, Alicyn Craig, Suzanne Murphy and Patricia Prezioso were successful in obtaining a partial summary judgment decision in U.S.
District Court in Newark on behalf of an employer and member of management dismissing claims brought under the Americans with Disabilities Act ("ADA") and the Family Medical Leave Act ("FMLA"). The defendants, a Fortune 50 Oil Company, and one of its technical managers were alleged to have violated the ADA, the FMLA, and New Jersey's corresponding state laws, New Jersey's Law Against Discrimination ("LAD") and Family Leave Act ("FLA"), by purportedly discriminating against the first employee plaintiff based on his stuttering, retaliating against him for making a complaint and retaliating against a second employee plaintiff for taking medical leave and for participating in the investigation of the first plaintiff's complaint. The Court granted summary judgment on all federal claims. The Federal Court declined to exercise supplemental jurisdiction over the corresponding New Jersey state law claims brought under the LAD and FLA.
Paul McCusker, with the assistance of Kate Jensen, Katie Lopez and Suzanne Murphy, recently won a no cause jury verdict for a pipeline company (owned by a Fortune 50 Oil Company) in a negligence action where two homeowner plaintiffs sought recovery based on property damage claims; the homeowners’ insurance companies also pursued subrogation claims. Despite allegations that the operation of the nearby pipeline caused an explosion and fire in the plaintiffs' homes, the jury concluded that plaintiffs had not established causation between the operation of the pipeline and the damage to the property owners’ homes and returned a verdict in favor of MARC’s client.
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