Pryor Cashman Achieves Dismissal of Defamation Claims Brought Against Russell Simmons
Pryor Cashman has obtained the dismissal of a highly publicized defamation action against long-time firm client Russell Simmons. The case, Soul Circus, Inc. v. PeTA and Russell Simmons, was pending in the Fulton County Supreme Court in Georgia.
The litigation involved Soul Circus’s planned use of Nosey the Elephant, whose trainer had been accused of animal abuse by the federal government. Simmons posted a letter on his website urging Soul Circus to cancel its use of Nosey in its upcoming circus. Based on that letter, Soul Circus commenced litigation and asserted defamation and other claims against Simmons.
Pryor Cashman moved to dismiss Soul Circus’s claims against Simmons based on Georgia’s Anti-SLAPP statute [O.C.G.A. 9-11-11.1(b)], which prohibits lawsuits that “could reasonably be construed as an act in furtherance of a right of free speech ... in connection with an issue of public interest or concern.”
The statute also requires a plaintiff to verify that its complaint does not, among other things, improperly seek to suppress a person’s right to free speech. Soul Circus failed to submit such verification and, on June 26, 2013, the Court granted Pryor Cashman’s motion and dismissed Soul Circus’s complaint against Simmons (and PeTA) with prejudice.
The Court held that the Georgia Anti-SLAPP statute applies to Simmons’s conduct and, because Soul Circus failed to verify the complaint, the statute mandates dismissal with prejudice.
Simmons was represented by Partner Brad Rose, Chair of Pryor Cashman's Intellectual Property Group, Litigation Partner William Charron and Associate Eric Fishman.
