Summary Judgment for Defendants in "The Wolf of Wall Street" Case (2018)

December 13, 2018

In Greene v Paramount Pictures Corporation, et al., plaintiff claimed defamation and right of publicity violations by the defendants, who were the distributor and producers of the film "The Wolf of Wall Street."  In a series of decisions, LP&S obtained dismissals for all of the defendants on all counts of the complaint. In Greene v. Paramount Pictures Corp., 138 F.Supp.3d 226 (E.D.N.Y. 2015) (“Greene I”), the court dismissed plaintiff's right of publicity and private figure libel claims.  In Greene II, 2017 WL 4011240, the court dismissed Sikelia Productions on jurisdictional grounds.  In Greene III, 2018 WL 6575454 (EDNY 12/13/2018), the court granted summary judgment to the three remaining defendants, Paramount Pictures Corporation, Red Granite Pictures, Inc., and Appian Way, LLC, finding that plaintiff's libel by fiction claim could not be sustained because there was no evidence that any defendant acted with actual malice in connection with the film's depiction of the fictional composite character Nicky Koskoff.