Bronx County Judge Dismisses Sleeping Fan’s Defamation Lawsuit Against ESPN and Yankees

baseball-229873_1280 (2)Everyone should remember the story of Andrew Rector, the fan who was shown sleeping on camera during the Yankee-Red Sox Sunday night game on ESPN in April 2014, and subsequently sued everyone (Major League Baseball, ESPN New York, the Yankees, Dan Shulman, and John Kruk) for defamation and intentional infliction of emotional distress.  As previously noted, Mr. Rector’s lawsuit  did not appear to be legally viable because none of the comments made by the announcers (Shulman and Kruk) were extreme and outrageous and because many of the alleged defamatory statements originated from third-parties (on various websites, blogs, etc.).

On August 20, 2015, Justice Julia I. Rodriguez in the Bronx County Supreme Court granted the defendants’ motions and dismissed Plaintiff’s complaint in its entirety.  A copy of the decision can be found here. Read the rest of this entry »


Sleeping Yankee Fan Strikes Out With Lawsuit Against ESPN

As reported by multiple media outlets, a Yankee fan who fell asleep during the New York Yankees-Boston Red Sox game on April 13th filed a lawsuit against the Yankees; ESPN New York; MLB Advanced Media; and ESPN announcers, Dan Shulman and John Kruk.

The Complaint, which was filed by Okwara & Associates, P.C. on July 3rd in the Bronx County Supreme Court, alleges that “announcers like” Shulman and Kruk “unleashed [sic] avalanche of disparaging words against the . . . plaintiff” when ESPN’s Sunday Night Baseball broadcast showed Andrew Rector “nap[ping]” during the top of fourth inning of “the rivalry game between the Boston Red Sox and the New York Yankee [sic].”  The alleged defamatory language included:  “stupor, fatty, unintelligent, [and] stupid.” Read the rest of this entry »