Attorney Henry R. Kaufman's Legal Cases

Libel and slander

Matovcik v. Times Beacon Record Newspapers, 108 A.D.3d 511 (2d Dept.), leave to appeal denied, 22 N.Y.3d 855 (2013)

Jan 01, 2013

OUTCOME: Appellate Division-Second Department reverses and grants summary judgment in favor of our client.

School teacher pursues defamation action against our clients, a local newspaper group and its editor/reporter. Our clients' motion to dismiss on the documentary evidence granted but reversed on appeal. ... After discovery, our clients' motion for summary judgment denied by the trial court and our client appeals.

Appeals

Barclays Capital Inc. v. Theflyonthewall.com, 650 F.3d 876 (2d Cir. 2011)

Jan 01, 2011

OUTCOME: Injunction reversed.

Prior restraint issued against financial news publisher on grounds of "hot news" misappropriation. Our client, another similarly-situated financial news publisher, intervened in Second Circuit Court of ... Appeals, as amicus curiae, urging reversal.

Communications and media

Sorrell v. IMS Health, Inc., 131 S.Ct.2653, 564 U.S.___ (2011)

Jan 01, 2011

OUTCOME: U.S. Supreme Court upholds the position of our clients.

State statutes prohibiting publication of certain health-related data challenged on First Amendment grounds. The U.S. Supreme Court hears the case to resolve a split in the Circuits on the First Amendm ... ent issue. Our clients, several leading media publishers reliant on access to data, including Bloomberg, McGraw-Hill and the Associated Press, intervene as Amici Curiae urging recognition of First Amendment protection for data.

Libel and slander

Ottinger v. Tiekert, 25 Misc.3d 1212(A), 901 N.Y.S.2d 908 (Westchester Co. 2009)

Jan 01, 2009

OUTCOME: Our client's motion for summary judgment, under the special provisions of New York's anti-SLAPP law, granted and case dismissed.

Former Congressman sued our client, an Internet blogger and community activist, for defamation.

Libel and slander

Mann v. Abel, 10 N.Y.3d 271 (2008), cert denied, 555 U.S. 1170 (N.Y. 2009)

Jan 01, 2009

OUTCOME: Jury trial verdict against defendant, modified on intermediate appeal, reversed and case dismissed by NY Court of Appeals. Holds summary judgment should have been granted on grounds of constitutionally-protected opinion.

Columnist for local newspaper sued for defamation by local public official.

Communications and media

Ash v. Board of Managers, 44 A.D.3d 324 (1st Dept. 2007)

Jan 01, 2007

OUTCOME: Gag order reversed by the Appellate Division First Department on First Amendment grounds.

Gag order secured against tenant's newsletter and other circulars by board of managers of a New York co-op.

Libel and slander

Visentin v. Haldane Central School District, 4 Misc.3d 918, 782 N.Y.S.2d 517, 32 Media L. Rptr. 2619 (Putnam Co. 2004)

Jan 01, 2004

OUTCOME: Our motion for summary judgment granted and case dismissed.

Libel action against our client, a local newspaper.

Henry R. Kaufman's Legal Cases (7)

Matovcik v. Times Beacon Record Newspapers, 108 A.D.3d 511 (2d Dept.), leave to appeal denied, 22 N.Y.3d 855 (2013)

Barclays Capital Inc. v. Theflyonthewall.com, 650 F.3d 876 (2d Cir. 2011)

Sorrell v. IMS Health, Inc., 131 S.Ct.2653, 564 U.S.___ (2011)

Ottinger v. Tiekert, 25 Misc.3d 1212(A), 901 N.Y.S.2d 908 (Westchester Co. 2009)

Mann v. Abel, 10 N.Y.3d 271 (2008), cert denied, 555 U.S. 1170 (N.Y. 2009)

Ash v. Board of Managers, 44 A.D.3d 324 (1st Dept. 2007)

Visentin v. Haldane Central School District, 4 Misc.3d 918, 782 N.Y.S.2d 517, 32 Media L. Rptr. 2619 (Putnam Co. 2004)