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 »