Facts

Plaintiff Bradley Cohen and his real estate investment company sued defendants after they set up websites comparing Cohen to the Ponzi scheme perpetrator Bernard Madoff. The websites used some variation of Cohen's name, such as Bradley-Cohen.com.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that defendants created the websites in retaliation for Cohen being involved in a lawsuit against defendants relating to the breach of a lease agreement. He claimed that defendants intentionally conspired to create and publish the websites for the purpose of damaging plaintiffs' reputation and causing economic harm to their business.

Plaintiffs brought claims for defamation and defamation per se, invasion of privacy/false light, intentional infliction of emotional distress, intentional interference with prospective business advantage, and injunctive relief.

DEFENDANTS' CONTENTIONS:
Defendants did not dispute publishing the website but contended that they did not violate any laws in doing so and that their conduct was protected by the First Amendment right to free speech.

Result

The jury returned a verdict in favor of plaintiffs and against defendants. It awarded plaintiffs $38.3 million, including $3 million in punitive damages.

Other Information

FILING DATE: Aug. 8, 2012.