United States Second Circuit

In a defamation suit complaining of defendant's statements suggesting that plaintiff was guilty of scientific misconduct, the dismissal of the complaint and of defendant's counterclaim asserting that plaintiff's bringing of the suit violated New York's statute governing Strategic Lawsuits Against Public Participation, the order is affirmed where, under New York law, defendant's statements were within the scope of the conditional privileges for statements on matters as to which the speaker has a legal or moral obligation to speak or for statements among communicants who share a common interest.

Appellate Information

• Decided 01/13/2011
• Published 01/13/2011

Judges

• Amalya J. Kearse

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Robert C. Weissflach, S. Paul Battaglia