Friedman v. Bloomberg L.P.

October 3, 2017

The Reporters Committee for Freedom of the Press and 22 media organizations filed an amicus brief in support of Bloomberg L.P.'s petition for rehearing before the Second Circuit.  Plaintiff Dan Friedman sued Bloomberg for defamation after Bloomberg News published an article about a lawsuit Friedman filed against his former employer, Palladyne International Asset Management B.V.  The article included a quote from Palladyne about the merits of Friedman's lawsuit that Friedman alleges was defamatory.  The district court granted Bloomberg's motion to dismiss, and the Second Circuit affirmed in part and reversed in part. The amicus brief supports Bloomberg's argument that the Second Circuit should rehear the case and affirm the dismissal of the lawsuit on the grounds that the allegedly defamatory statement is protected by New York's fair report privilege, New York Civil Rights Law § 74. The amicus brief emphasizes the policy reasons underlying the fair report privilege and argues that journalists must be able to promptly report on a defendant's comments about a newly-filed lawsuit without fear of liability and without having to wait until the defendant has filed a formal pleading.