Haefner Wins Second Dismissal for Indian Immigrant Group

 in Defamation Lawsuit

Roseland, NJ, January 20, 2008 – Connell Foley partner Marc D. Haefner wins second dismissal for defendants in defamation case that threatened the First Amendment. 

The case was incited by a full-page political advertisement run by the Forum for Saving Gandhi’s Heritage in the New York Times’ October 6, 2007, edition. The Indian National Congress Party was criticized and in response, its subsidiary the Indian National Overseas Congress (INOC) filed two lawsuits against the individuals who had placed the ad, one in New York and one in New Jersey.

The New Jersey lawsuit, which was filed in Monmouth County alleged that the ad contained numerous defamatory statements and sought $100,000,000 in damages.  Marc D. Haefner and Nicole B. Dory counsel to the New Jersey defendants, brought a motion to dismiss the N.J. case arguing that INOC was not a proper party to the case because nothing had been said about them in the ad.  On August 15, 2008, the Monmouth County Court dismissed the case pursuant to the arguments made by the defendants and INOC soon thereafter voluntarily dismissed its New York lawsuit.

On October 3, 2008, INOC filed a new lawsuit in Middlesex County for $20,000,000 identifying a single allegedly “knowingly false statement regarding the professional activities of the Indian National Congress” Party.  INOC now claimed its parent, the Indian National Congress Party, was defamed and that the  Congress Party had assigned its rights to sue for defamation to INOC.  Thus, INOC was standing in the shoes of the Indian National Congress Party. 

The New Jersey defendants, again represented by Mr. Haefner and Ms. Dory, once more moved to dismiss.  Defendants argued that INOC could not sue as the assignee of the Indian National Congress Party because such an assignment would be null and void under New Jersey law.  On January 14, 2009, the Middlesex County Court, Judge Stroumtsos presiding, ruled that defendants were correct: INOC did not have a right to sue on the assignment provided to it by the Indian National Congress Party.  In deciding the issue of first impression, Judge Stroumtsos ruled that a person who has been defamed may not transfer the right to sue for defamation to another; rather, the injured party must bring the claim on its own. 

Mr. Haefner represents clients in both complex commercial and intellectual property litigation.  His complex commercial litigation practice specializes in civil cases arising under the Racketeer Influenced and Corrupt Organizations Act (RICO), and he has both successfully prosecuted and defended such cases.  He has also defended numerous cases, including class actions, brought under New Jersey’s Consumer Fraud Act.  Mr. Haefner’s extensive intellectual property experience includes trademark and copyright infringement litigation in federal court.  He has also assisted clients with patent litigation.

Marc D. Haefner is a member of the firm’s Business Litigation and Intellectual Property practice groups.  For more information, please contact Mr. Haefner at 973-535-0500 or mhaefner@connellfoley.com.