Facts

Andrew Greene, former general counsel for the brokerage house Stratton Oakmont, filed a defamation suit against various film production companies in relation to the depiction of a character in the film "Wolf of Wall Street."

PLAINTIFF'S CONTENTIONS: Greene contended that the fictionalized character, Nicky "Rugrat" Koskoff, was actually based upon him and the characters lewd portrayal defamed him. Greene contended that the film depicted Koskoff's character engaged in drug use, criminal activity, sexual intercourse with prostitutes, and other outlandish and unprofessional behavior.

DEFENDANT'S CONTENTIONS: Defendants contended that Greene could not recover under the claim of defamation and moved for summary judgment. Specifically, the defendants argued that the Kostoff character was not of, and concerning of, Greene and was not created with actual malice. Defendants claimed that no special damages were suffered, and even if it was a depiction of Greene it was a substantially true depiction.

Result

The court granted defendants' motion for summary judgment. The court found that Kostoff was determined to be the fictionalized composite of three different persons and a disclaimer expressly stated that all characters had been fictionalized for dramatization. Furthermore, no evidence was presented that defendants acted with knowledge or recklessness in its portrayal of Greene.