Biro v. Conde Nast, No. 14-3815 (2d Cir. 2015)Annotate this Case
Peter Paul Biro, a controversial figure known in the art world for using fingerprint analysis to authenticate art in an effort to insert a measure of objectivity into a previously subjective process, filed suit against the New Yorker defendants as well as republishers for defamation after an article was published about him. Among other things, the article contained interviews of various individuals critical of plaintiff, and it suggested that he stood to profit from some of his more dubious authentications. The district court dismissed the complaint. The court held that Rule 8 of the Federal Rules of Civil Procedure requires a limited‐purpose public figure to plead in a plausible way that defendants acted with actual malice. In this case, the court concluded that plaintiff failed to plausibly allege that defendants acted with actual malice. Accordingly, the court affirmed the judgment.