The Law Office Of John J. Lynch - Litigation Matters

450 Seventh Avenue Suite # 704 New York, N.Y. 10123 Tel: 917.287.0257 Fax: 212.268.2127 John.Lynch@jjlesq.com

450 Seventh Avenue Suite # 704 New York, N.Y. 10123

Tel: 917.287.0257 Fax: 212.268.2127 E-mail: John.Lynch@jjlesq.com

John Lynch’s litigation experience includes, among other matters, the following cases

Litigation Matters

Intellectual Property Commercial Litigation Media & Entertainment Law Business Law

Blakeman v. The Walt Disney Co., 613 F.Supp.2d 288 (E.D.N.Y. 2009). Represented defendant producers, screenwriters, actors and distributors of the film Swing Vote and secured dismissal of copyright infringement claims, prior to discovery, where comparison of film and plaintiff’s movie treatment established no substantial similarity between the works.

Lehman v. Fox Cable Networks, Inc., Secured dismissal of claim that Fox Reality Channel, Lions Gate Entertainment and Termite Art Productions had violated New York’s Grand Jury secrecy statute by airing tapes of an undercover sting operation obtained from the district attorney that had been introduced as evidence in a Grand Jury proceeding. The Court held that the statute did not apply to the media. Also secured dismissal of defamation claims on statute of limitations grounds.

McDermott v. New York Metro LLC, 2009 WL 3003204, S.D.N.Y. Secured dismissal of Federal Fair Housing Act Claims against newspaper El Diario based on plaintiff’s lack of standing.

O’Keefe v. Ogilvy & Mather Worldwide, Inc., 590 F.Supp.2d 500 ( S.D.N.Y. 2008 ). Defended Digitas, Inc., an advertising agency that developed the on-line presence for defendant American Express’ “My Life. My Card” advertising campaign and secured summary judgment dismissing claims that Digitas’ work infringed plaintiff’s copyright in his website titled “My Work. My card.”

Kimm v. Lee, 2005 WL 89386 (S.D.N.Y. 2005), aff’d, 196 Fed.Appx. 14 (2d Cir. 2006). Defended world’s largest Korean-language newspaper and secured dismissal of RICO claim arising out of newspaper’s publication of allegedly defamatory statements regarding plaintiff. District Court held, and Second Circuit affirmed, that alleged reputational harm cannot constitute an injury to business or property as required to state a RICO claim.

Brooks v. Anderson, 18 Misc.3d 1109 (N.Y. Supreme Court 2007). Defended The Co-op City Times and Co-op City board member in defamation action arising out of article reporting on plaintiff’s removal as officer of the board. Secured summary judgment dismissing defamation claim based on common-interest privilege protecting statements by co-op board member in community newspaper regarding matters of legitimate concern to residents.

Deva v. Noospherics Technologies, American Arbitration Association (Washington, D.C. 2001): Defended website developer in arbitration before former federal judge, CIA and FBI Director William F. Webster. Prevailed on motion to dismiss breach of contract claim following week-long hearing based on limitation of remedies provision in website development agreement.

Metropolitan Life Ins. Co. v. Noble Lowndes Int’l, Inc., 84 N.Y.2d 430 (N.Y. Court of Appeals 1994): Represented software developer in seminal case establishing that developer’s intentional breach of contract for convenience is not, in and of itself, a willful act such as would negate a contractual limitation of liability.

Knutt v. Metro International, NY Supreme Court, Kings County (March 1, 2011). Defended daily newspaper Metro NY in a defamation case and invasion of privacy claim arising out of Metro’s publication of a photograph of a young boy to illustrate the rise of gang violence among youth in NYC. Secured dismissal of invasion of privacy and intentional infliction of emotional distress claims prior to discovery.

Dabiri v. Federation of State Medical Boards of the United States, 2009 WL 803126, E.D.N.Y. Defended association of state medical boards wich maintains records of disciplinary actions against physicians and secured dismissal of claims arising out of organization’s maintenance of data regarding suspension of plaintiff’s license to practice medicine in U.K.

Andrikopolous v. Gach, N.Y. Supreme Court, Albany Co. (2006). Defended well-known “shock jock” at jury trial of intentional infliction of emotional distress claim arising out of DJ’s on-air comments regarding plaintiff who had suffered debilitating burn injuries as a child. Settlement was reached at close of plaintiff’s case at trial.

Hoatson v. Carter Ledyard & Milburn. (N.Y. Supreme Court, 2007). Secured dismissal of claims for defamation, negligence and tortious interference against law firm arising out of law firm’s letter to newspaper demanding retraction of article regarding its client.