Lemelson v. Bloomberg L.P., No. 17-1620 (1st Cir. 2018)Annotate this Case
The First Circuit affirmed the district court’s dismissal of Plaintiff’s suit against Bloomberg News and authors of an article Plaintiff claimed rendered Bloomberg liable for several common-law torts, including defamation, holding that the suit was properly dismissed for Plaintiff's failure to allege sufficient facts to make out his claims.
This case concerned an online article and TV interview in which Bloomberg reported that the Securities and Exchange Commission had opened an investigation to determine whether Plaintiff, a priest and hedge fund manager, had intentionally published false material about certain public companies. The district court granted Defendants’ motion to dismiss, concluding (1) Plaintiff was required to plausibly allege actual malice because he was at least a limited-purpose public figure, and Plaintiff failed to do so; and (2) Plaintiff failed to allege sufficient facts to make out a claim of intentional interference with prospective economic advantage. The First Circuit affirmed, holding that Plaintiff’s complaint did not narrate a claim for relief.
The court issued a subsequent related opinion or order on September 4, 2018.