giuffre-maxwell
gov.uscourts.nysd.447706.26.1
26 pg
…§ 1332.
complaint alleging that male celebrity had publicly
defamed her in statements made by individuals operating
at his direction or within scope of their employment. Cases that cite this headnote
Complaint was subsequently amended to include similar
claims by two…
giuffre-maxwell
gov.uscourts.nysd.447706.363.11
40 pg
…The two lawyers alleged that Dershowitz defamed them when he claimed
that they knowingly filed a lawsuit containing falsehoods about him or at least failed to
properly investigate their client’s allegations that Dershowitz had sexual relations with her
when…
giuffre-maxwell
gov.uscourts.nysd.447706.29.0
2 pg
…among other things, that Cosby defamed an alleged sexual
assault victim by issuing statements to the press describing the allegations against him as
“unsubstantiated, fantastical stories…[that] have escalated far past the point of absurdity.” (Ex.
A at 8…
giuffre-maxwell
gov.uscourts.nysd.447706.1106.0_2
6 pg
…collateral” attack on Plaintiff’s credibility,
but much more importantly, to disprove Giuffre’s claims that Dershowitz defamed her by calling
her a “serial liar” and stating that she has a “documented history of lying about prominent people.”
Am. Compl.…
giuffre-maxwell
gov.uscourts.nysd.447706.1069.0
25 pg
…Professor Dershowitz has to defend
10 himself, and he will defend himself, by proving the truth of
11 what it is that he is alleged to have defamed Ms. Giuffre
12 about. And if one were to look at paragraphs…
giuffre-maxwell
gov.uscourts.nysd.447706.1071.0
13 pg
…was underage. Ms. Giuffre
alleges that Mr. Dershowitz’s false denial of such contact defamed
her. To be sure, the two actions are related because they involve
the alleged behavior of individuals who were in Epstein’s
substantial orbit, but…
giuffre-maxwell
gov.uscourts.nysd.447706.1296.11
27 pg
…relevant to
the underlying action. Ransome objects to Defendant being permitted to utilize the underlying
action to obtain backdoor discovery into a separate action entirely unrelated to whether or not
Maxwell defamed Virginia Roberts Giuffre. Ransome further objects to this…
giuffre-maxwell
gov.uscourts.nysd.447706.1332.8
27 pg
…relevant to
the underlying action. Ransome objects to Defendant being permitted to utilize the underlying
action to obtain backdoor discovery into a separate action entirely unrelated to whether or not
Maxwell defamed Virginia Roberts Giuffre. Ransome further objects to this…
giuffre-maxwell
gov.uscourts.nysd.447706.977.1
25 pg
…2015, Giuffre filed the underlying action
against Maxwell in the Southern District of New York. Giuffre alleged
that Maxwell had defamed her through this and other public
statements. Extensive and hard‐fought discovery followed. Due to the
volume of sealing…
giuffre-maxwell
gov.uscourts.nysd.447706.406.0
31 pg
…Ms.
Giuffre, Dershowitz called those girls liars and defamed them as prostitutes,14 in an effort to
convince the State Attorney that these girls could not even believably establish that they had ever
even gone to Epstein’s mansion. Later…
giuffre-maxwell
gov.uscourts.nysd.447706.1295.17
27 pg
…relevant to
the underlying action. Ransome objects to Defendant being permitted to utilize the underlying
action to obtain backdoor discovery into a separate action entirely unrelated to whether or not
Maxwell defamed Virginia Roberts Giuffre. Ransome further objects to this…
giuffre-maxwell
gov.uscourts.nysd.447706.23.0
32 pg
…these arguments must be rejected. First,
qualified privileges are forfeited when the defamatory statement is made with malice and is false.
Because Ms. Giuffre has specifically alleged that Defendant defamed her with actual malice, the
privileges provide no defense. Second…
giuffre-maxwell
gov.uscourts.nysd.447706.968.0_1
26 pg
…2015, Giuffre filed the underlying action
against Maxwell in the Southern District of New York. Giuffre alleged
that Maxwell had defamed her through this and other public
statements. Extensive and hard‐fought discovery followed. Due to the
volume of sealing…
giuffre-maxwell
gov.uscourts.nysd.447706.978.0
27 pg
…2015, Giuffre filed the underlying action
against Maxwell in the Southern District of New York. Giuffre alleged
that Maxwell had defamed her through this and other public
statements. Extensive and hard‐fought discovery followed. Due to the
volume of sealing…
giuffre-maxwell
gov.uscourts.nysd.447706.185.7
26 pg
…claim or defense in the action and the
communication is essential to the claim or defense. Id.
Dershowitz asserts that in order to establish he defamed Plaintiffs, they must show that (i)
they conducted an investigation regarding the credibility of…
giuffre-maxwell
gov.uscourts.nysd.447706.977.0
27 pg
…2015, Giuffre filed the underlying action
against Maxwell in the Southern District of New York. Giuffre alleged
that Maxwell had defamed her through this and other public
statements. Extensive and hard‐fought discovery followed. Due to the
volume of sealing…
giuffre-maxwell
gov.uscourts.nysd.447706.851.0
158 pg
…be
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
H3VOGIU1
Case 1:15-cv-07433-RWS Document 851 Filed 04/12/17 Page 6 of 158 6
1 alleged to have defamed someone based on facts, not opinions.
2…
giuffre-maxwell
gov.uscourts.nysd.447706.25.0
13 pg
…pleading burden here.
B. Ms. Maxwell’s Statements Are Protected by the Self-Defense Privilege
The long-recognized self-defense privilege “is available to one who has been defamed in
the first instance, and who, in response to the attack…
giuffre-maxwell
gov.uscourts.nysd.447706.15.0
29 pg
…that the statements were false is insufficient. Id.9 To
establish malice, a defamed plaintiff must show…that such malicious motivation was the one
and only cause for the publication.” Hoesten v. Best, 821 N.Y.S.2d 40…
giuffre-maxwell
gov.uscourts.nysd.447706.980.0
10 pg
…already susceptible to abuse. Unscrupulous litigants can
weaponize the discovery process to humiliate and embarrass their adversaries.
Shielded by the litigation privilege, bad actors can defame opponents in court
pleadings or depositions without fear of lawsuit and liability. Unfortunately, the
…
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