United States Second Circuit

In this libel action, plaintiff Chau, a former asset-backed CDO manager, asserts that a chapter written about him in defendant Lewis's book about the 2008 financial crisis was defamatory in nature and in violation of New York law. Summary judgment in favor of defendants is affirmed, where: 1) hindsight cannot give opinions a defamatory meaning, and Lewis's various implications that Chau was wrong about the mortgage market are not actionable; 2) New York defamation requires conduct that vilifies or exposes one to shame, not mere slights; and 3) the implication, perceived tone, and innuendo of Lewis's writing is irrelevant, as the statements at-issue are either non-defamatory, privileged opinion, not of or concerning Chau, or substantially true.

Appellate Information

• Decided 11/14/2014
• Published 11/14/2014

Judges

• Wesley

Court

• United States Second Circuit

Counsel