Legal News

No Soup For You: Judge Nixes Slander Claim Against Funnyman Seinfeld

By Chad Bray

A New York state judge dismissed a slander lawsuit Friday against comedian Jerry Seinfeld over comments he made on “The Late Show with David Letterman” and “E! News” in 2007 regarding an author who accused his wife of copying her cookbook.

As a reminder, Missy Chase Lapine sued Jessica Seinfeld and her publisher in federal court in Manhattan in 2008, saying Jessica Seinfeld’s “Deceptively Delicious” copied her tips on how to sneak fruits and vegetables into children’s food. The U.S. Second Circuit Court of Appeals found in Jessica Seinfeld’s favor last year, upholding a lower court’s decision on Lapine’s federal claims. Click here and here for LB posts on that portion of the case.

On Friday, a state judge dismissed state-law breach of implied contract, misappropriation and unfair competition claims against Jessica Seinfeld’s publisher, HarperCollins, and a slander claim against her husband.

“Seinfeld’s statements are protected not because they were made in a comedic context nor because they are themselves comedic but because, as the context and content demonstrate, they are not defamatory as a matter of law,” New York State Supreme Court Justice Marcy Friedman said. (Click here for the opinion.)  “Seinfeld’s statements disparage Lapine’s claim of plagiarism as false or baseless or, more colloquially, as wacky. As statements of opinion about the lack of merit of plaintiff’s claims, they are not actionable.”

(As way of disclosure, News Corp. owns HarperCollins and Dow Jones & Co., the publisher of The Wall Street Journal.)

“Today’s decision is a complete victory for Jerry–and also a victory for the First Amendment and the right of comedians to tell jokes,” said Gibson Dunn’s Orin Snyder, who represented Jerry Seinfeld and HarperCollins. He said the decision also was a vindication for HarperCollins and Jessica Seinfeld.

A lawyer for Lapine didn’t immediately respond to a request for comment Friday.

Full post as published by Law Blog - WSJ.com on February 25, 2011 (boomark / email).