Haefner Wins Dismissal for Indian Immigrant Group in Defamation Case

 

Roseland, NJ, September 4, 2008 – Connell Foley Partner Marc D. Haefner last week won a dismissal for defendants in a defamation case that threatened the First Amendment.  The case received press coverage throughout the Indian press, including articles in The Hindu, The India Post and The Economic Times.  In the United States the story was reported in the Newark Star-Ledger.

The Superior Court of New Jersey summarily dismissed the defamation case seeking $100 million by the Indian National Overseas Congress (INOC) against individuals representing the Forum for Gandhi Heritage, who had run an ad in The New York Times last year, criticizing Indian Congress Party Chief Sonia Gandhi.  The ad contained copy stating that Ms. Gandhi was allegedly involved in a variety of misdeeds.

On August 20, 2008, the Monmouth County Court ruled that the INOC had no case because the group was not mentioned in the ad nor were the statements in the ad directed against them.  "That there is some relationship alleged between the INOC, which is a New York corporation and the Indian Congress Party which is a political party, the largest political party in India and there is then some further relationship between that Party and Sonia Gandhi is not sufficient to state a case of action for defamation," Mr. Haefner argued to the Court.

"It kind of makes you worry about the scope of the First Amendment if you can be sued by American-based subsidiaries of foreign-based political parties … This wholly owned subsidiary says it has the right to do that, which could have a chilling effect on free speech," Mr. Haefner explained in the Newark Star-Ledger.