Fogel v. Forbes, Inc.

MEMORANDUM

RAYMOND J. BRODERICK, District Judge.

I

This is an action for defamation and invasion of privacy brought on the basis of diversity jurisdiction in which plaintiffs seek compensatory and punitive damages. Presently before this Court is defendants’ motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure.

Defendants in this action are Forbes, Inc., James Michaels, Editor of Forbes Magazine and Phyllis Berman, author of the article in which the photograph that sparked this litigation appeared. Defendants’ motion alleges that the pleadings, depositions and…