Epstein Secrets

stituting fault as judged by, at a minimum, a negligence standard, and, it must either cause special harm or constitute defamation per se." 5 Under New York's choice-of-law rules for defamation actions, the general rule is that "the state of the plaintiff's domicile (in this case, Colorado) will usually ha

than does Colorado. Nonetheless, the laws of Colorado and New York are substantially similar. For these reasons, Ms. Maxwell asks the Court to apply New York law, but will note any differences between the two laws when applicable. 7 EFTA00595594 Case 1:15-cv-07433-RWS Document 15 Filed 12/01/15 Page 13

918) 8 EFTA00595585 Case 1:15-cv-07433-RWS Document 15 Filed 12/01/15 Page 4 of 29 Frechtman v. Gutterman, 979 N.Y.S.2d 58 (1st Dep't 2014) 14 Front, Inc. v. Khalil, 24 N.Y.3d 713, 720 (2015) 13 Fuji Photo Film U.S.A., Inc. v. McNulty, 669 F.Supp.2d 405 (S.D.N.Y. 2009) 8 Gertz v. Robert Welch, Inc.,

(primarily N.Y. state) cases in which the plaintiffs, unlike herself, properly alleged facts which could serve to defeat a qualified privilege. As New York's highest court found: While there are numerous cases in the books in which it is said that as to privileged communications the good faith of the def

ssed EFTA00591584 Case 1:15-cv-07433-RWS Document 25 Filed 12/28/15 Page 9 of 13 defamation complaints based on a qualified privilege. See, e.g., Front, Inc. v. Khalil, 24 N.Y.3d 713 (N.Y. 2015) (affirming motion to dismiss based on pre-litigation qualified privilege); Orenstein v. Figel, 677 F.Supp.2d 7

University of Uta • T, for Plaintiff-Appellee Andrew G. Celli Jr. (David A. Lebowitz, on the brief), Emery, Celli, Brinckerhoff & Abady LLP, New York, NY, for Intervenor-Appellant Alan M. Dershowitz. Marc Randazza (Jay Marshall Wolman, Las Vegas, NV, on the brief), Randazza Legal Group, PLLC

hat document additional credibility, in fact, allegations appearing in such documents might be less credible than those published elsewhere.J9 46 Front, Inc. V. Khalil, 24 N.Y.3d 713, 718, 4 N.Y.S.3d 581, 28 N.E.3d 15 (2015); see also Kelly v. Albarino, 485 F.3d 664, 666 (2d Cir. 2007) (adopting the rea