Janice Lee v. TMZ Productions Inc

710 F. App'x 551
CourtCourt of Appeals for the Third Circuit
DecidedOctober 17, 2017
Docket16-2736
StatusUnpublished
Cited by7 cases

This text of 710 F. App'x 551 (Janice Lee v. TMZ Productions Inc) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Janice Lee v. TMZ Productions Inc, 710 F. App'x 551 (3d Cir. 2017).

Opinion

OPINION *

SCIRICA, Circuit Judge

Plaintiff Janice Lee and members of her family appeal from the dismissal of their suit alleging numerous media outlets committed libel and libel per se, and negligently, recklessly, and intentionally inflicted emotional distress upon Lee and her family by falsely reporting Lee’s involvement in a drug and prostitution ring. The District Court dismissed all claims, finding that the challenged articles were protected by the fair-report privilege under New Jersey state law. We will affirm.

I.

A. Factual Background

On January 30, 2014, New York Attorney General Eric T. Schneiderman (NYAG) held a press conference and is-, sued a press release to announce the arrest of 18 people in connection with a prostitution and drug trafficking ring targeting highrend clientele. Both the press conference and the press release described a ring that generated millions of dollars in illegal proceeds laundered through numerous front businesses. According to the NYAG, much of the ring’s proceeds were generated through the sale of “party packs” consisting of cocaine and prostitutes, and the NYAG described aggressive efforts to market these packages to out-of-town clientele arriving in New York for Super Bowl weekend. On a visual aid at the press conference, the NYAG displayed the names and photographs of the 18 individuals arrested and charged with various felony and misdemeanor counts. The press release also included the list of names. Among those listed was Plaintiff Janice Lee.

Lee is a New Jersey resident who works as a sales account manager for an international seller of wigs and hair products. At the time of her arrest, she was charged with conspiracy, criminal possession of a controlled substance, criminal sale of a controlled substance, and promoting prostitution. It appears that Lee was wrongly-accused. According to a separate complaint Lee filed against the NYAG and other defendants, Lee’s attorney immediately provided exculpatory evidence showing that she could not have committed the acts with which she was charged. Approximately a week after she was arrested, Lee was released from jail, and several days later, the charges against her were dropped.

In the wake of the NYAG press conference and press release — but prior to Lee’s release — several media outlets published articles related to the investigation and arrests. Lee claims certain of these articles defamed her and inflicted emotional distress upon her and her family members. This appeal focuses on articles published by five outlets: (1) TMZ Productions, Inc.; (2) Daily News, L.P.; (3) The Korea Times New York, Inc.; (4) Your Daily Media; and (5) All Things Crime. The substance of each article and the specific statements Lee alleges are defamatory are described below.

1.TMZ Productions, Inc.

On January 30, 2014, TMZ posted to its celebrity and entertainment news site an article titled “Super Bowl Prostitution Bust Was Asian Invasion.” The article was also shared on TMZ’s Facebook and Twitter pages. Lee’s Complaint alleges the article made the following defamatory remarks:

The high-end, coke-fueled prostitution ring that was just busted on the high heels of Super Bowl weekend was comprised of a small army of Asian hookers ... who take credit cards.
NY officials say the prostitutes had their eyes set on Seahawks and Broncos fans who were coming in for the game. Officials say the ring made millions, with the help of pimps who fronted phony businesses to funnel the sex profits. The businesses included wig shops, a beauty supply store and a limo company. Johns were paying up to $10K a night for hookers and blow. The customers would do drugs and become impaired ... and the girls would then figure out ways of fleecing them by charging even more.
All of the women nailed — in what NYPD calls Operation Shade of Beige — are Asian, and used Korean code words to mask the drug deal. One code name for coke — Soojaebi ... a Korean noodle and vegetable soup. Mmmm Mmmm bad.

PA019-020. The article was accompanied by photographs showing the visual aid displayed at the NYAG press conference. Lee alleges these pictures are also defamatory because her full name and photograph appear on the visual aid.

2. Daily News, L.P.

On January 30, 2014, the Daily News, a New York-based newspaper, published on its website an article titled ‘“One-stop shopping 1 drug and prostitution ring, Asian Wave Escorts, busted ahead of Super Bowl.” Lee alleges the article included the following defamatory statements:

The prostitutes identified in court papers were no spring chickens. They ranged in age from 26 to 56 and four of them were in their 40s.
The ring specialized in ‘party-packs’, where johns were enticed to buy cocaine and other drugs to go along with the sex.
The arrested prostitutes were identified as: Young Mi Lee, 40, Jung Hee Jang, 43, Haiming Quan, 41, Nina Kim, 31, Hada Jang, 26, He Jung Chern, 42, Ji Young Moon, 40, and Janice Lee, 40.

PA025.

3. The Korea Times New York, Inc. (KTNY)

KTNY, a newspaper serving the Korean-American community in New York, published a Korean-language article on January 30, 2014, titled' “990 Apartments ... Korean Community’s Secret Exposed — Shocking Korean prostitution ring uncovered, internet advertising, soliciting clients by texting.” Lee alleges the article defamed her by generally conveying: 1 There were a lot of criminal organizations before, but none like this one.

NY prosecutors bust prostitution ring of 16 shocking the community.
The organization was based out of a well-known Koreatown neighborhood and was highly organized into groups divided according to service level.
Customers could choose to acquire party packs with drugs and prostitution services at different levels.
Services were advertised via internet advertisement sites. Once customers became regular, they were contacted via text message. The Super Bowl season was busy, with the ring sending bulk text messages to loyal customers.

PA029-030. Lee further alleges defamation on the basis that KTNY published her name and photograph by including a picture of the NYAG visual aid with the article.

4. Your Daily Media

Your Daily Media published on its entertainment website an article titled “Police Bust Prostitution Ring Promising Cocaine & Hooker Super Bowl Party Pack” on January 30, 2014.

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Bluebook (online)
710 F. App'x 551, Counsel Stack Legal Research, https://law.counselstack.com/opinion/janice-lee-v-tmz-productions-inc-ca3-2017.