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Neiman-Marcus v. Lait, 13 F.R.D. 311 |
Southern District Court of New York |
1952 |
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Chapter |
17 |
Title |
Defamation |
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Page |
708 |
Topic |
Defamation Denied |
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Quick Notes |
A Book makes references to models as $100 call girls, to saleswomen that went for $20/night, and to salesmen being fairies. This is about the size of class groups that are suing for libel. If the size if large, none can sue, unless a particular member if referred too. If the class is small, and each and every member of the group is referred to, then any individual member can sue. |
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Book Name |
Torts Cases, Problems, And Exercises. Weaver, Third Edition. ISBN: 978-1-4224-7220-0. |
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Issue |
o Whether the charge against several individuals under some general description or general name has the personal application averred [affirmed] by the Pl? It depends on the size of the group. |
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Procedure |
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District |
o The Individual saleswomen do not state a claim. o Motion to dismiss their cause of action is granted with leave to file separate complains |
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Facts |
Rules |
Reason |
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o Pl - Neiman-Marcus o Df - Lait What happened? o The defendants are authors of a book entitled 'U.S.A. Confidential'. o The plaintiffs are the Neiman-Marcus Company, a Texas corporation operating a department store at Dallas, Texas, and there three groups of its employees. Three groups o (1) Nine individual models who constitute the entire group of models at the time of the publication o (2) Fifteen salesmen of a total of twenty-five suing on their own behalf and on behalf of the o (3) Thirty saleswomen of a total of 382 suing on their own behalf and on behalf of the others. Books reference to them o The models were $100 call girls o The saleswomen went for $20/night. o The salesmen are fairies. |
Libel Rules for groups or classes o Where the group or class libeled is large, none can sue even though the language used is inclusive. o Where the group or class libeled is small, and each and every member of the group or class is referred to, then any individual member can sue.
Conflict Arises (Split of Opinion) o When the publication libels some or less than all of the designated group. o Some courts say no cause of action exists for ANY individual. o Other courts would allow an action.
Texas o Has not spoken on the some allegation of libel.
New York o Has spoken to some. o Question to the jury. Whether the 'charge against several individuals, under some general description or general name * * * has the personal application averred by the plaintiff? Court Adopted Restatement of Torts 564, Illustration 2, Comment (c) reads as follows: o A newspaper publishes the statement that some member of B's household has committed murder. In the absence of any circumstances indicating that some particular member of B's household was referred to, the newspaper has defamed each member of B's household.' o Restatement would authorize suit by each member of a small group.
In This Case Salesmen (There is a cause of action) o Motion to dismiss is denied. o They have a cause of action because they are members of a small class and it is alleged that most are fairies.
In This Case Saleswomen (No cause of action) o The books speaks of saleswomen generally and does not use the word all. o The group is extremely large. o No specific individual is named.
Restatement of Torts 564(c) large class not referred to a particular person o But where the group or class disparaged is a large one, absent circumstances pointing to a particular plaintiff as the person defamed, no individual member of the group or class has a cause of action.
Df Arg o Libel cannot reasonably be said to concern more than the saleswoman as a class. o There is no language ascertaining a person. o Nor is the class so small that it follow that defamation of the class infects the individuals of the class.
Holding o No reasonable man would take the writers seriously. o There is no reference to any individual saleswoman.
Large Group Exceptions o Even where the group is large, a member of the group may have a cause of action if some particular circumstances point to the plaintiff as the person defamed.
Courts Response to Exception o No such circumstances are alleged in the amended complaint.
Referred to Plaintiff Exception o Where a plaintiff can satisfy a jury that the words referred solely or especially to himself.
Courts Response to Exception o Insufficient to satisfy this requirement.
Holding o The Individual saleswomen do not state a claim. o Motion to dismiss their cause of action is granted with leave to file separate complains. |
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Class Notes |
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A Book makes references to models as $100 call girls, to saleswomen that went for $20/night, and to salesmen being fairies. This is about the size of class groups that are suing for libel. If the size if large, none can sue, unless a particular member if referred too. If the class is small, and each and every member of the group is referred to, then any individual member can sue.
*** This is Called Group Libel *** Libel Rules for groups or classes o Where the group or class libeled is large, none can sue even though the language used is inclusive. o Where the group or class libeled is small, and each and every member of the group or class is referred to, then any individual member can sue.
Court Adopted Restatement of Torts 564, Illustration 2, Comment (c) reads as follows: o A newspaper publishes the statement that some member of B's household has committed murder. In the absence of any circumstances indicating that some particular member of B's household was referred to, the newspaper has defamed each member of B's household.' o Restatement would authorize suit by each member of a small group.
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