This column reports on several significant representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge Brian M. Cogan found that defendant’s hostile remarks on Yelp about plaintiffs’ medical practice did not amount to actionable defamation. Judge Frederic Block dealt with motions to dismiss securities fraud claims against a drug company and its executives relating to an off-label promotion scheme. And Judge LaShann DeArcy Hall ordered an attorney representing the debtor “in connection with” a bankruptcy case to disgorge part of his fee for failure to file the requisite statements of compensation.

No Defamation: Critical Review of Business on Yelp

In Dr. Mirza v. Amar, 20 CV 2699 (EDNY, Jan. 14, 2021), an action alleging defamation, Judge Cogan denied plaintiffs’ motion for a default judgment and dismissed the case, where defendant’s negative comments on Yelp about Dr. Mirza and his medical practice were expressions of opinion rather than statements of fact and thus not “defamatory”.