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Meredith Video Studios, and Parent TV to dismiss plaintiffs complaint for failure to state a
stolen by
s
(Meredith)
media. (Second Amended Compl. (SAC) 1.) One of Merediths brand
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Crisos
as a testament to how
mother could overcome her fears and successfully breastfeed a child. (
agreed to appear in the video because she felt her own personal
breastfeeding. (
Crisos
process and Parents TVs intentions with regard to
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Crisos
) When Sahourys shoot was
signed was an Authorization & Full Release
(Release) from any and all claims which the
Undersigned may have at any time by reason of the use of the Undersigneds image, voice and
including without limitation, claims of privacy. (
authorizes
wise of Undersigneds image and voice (referred to as Recorded
Likeness), and states that signeds name
in connection with the Recorded Likeness. (
A.S.s full name also
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a woman (
daughters
Sahourys full name was contrary to the representations made
] before the video shoot, and had een, the creator
pornographic video with [Sahoury] and A.S. connecting them both to pornography. (SAC
users of the pornographic content in an effort to repair her and her daughters
Crisos help at an individual named Nizard
exhibited a sens lingness to help Sahoury
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Sahoury has suffered humiliation, severe
anger, sadness, and an unhealthy obsession with trying to clear her and her daughters name.
518 U.S. 415, 427 (1996) (Under the Erie doctrine, federal courts sitting in diversity apply state
eral procedural law.).
8(a)(2) [a] pleading that states a claim for relief
that the pleader is entitled to relief.
The pleading must set out sufficient factual matter the claim is facially plausible
so that a court may draw the reasonable inference that the defendant is liable for the misconduct
alleged.
This standard does not require detailed factual allegations, but it demands more than
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me accusation.
,
l matter, accepted as true, to
the tenet that a court
conclusory statements, do not suffice.
meet any particular probability requirement but must show that there is more than a sheer
ity that defendant has acted unlawfully.
[c]ontext matters in notice pleading and a complaint will fail to state a claim if the
factual detail in a complaint is so underdeveloped that it does not prov
type of notice of claim which is contemplated by Rule 8.
It
determine whether the facts alleged are show that the plaintiff has a plausible
claim for relief.
common sense.
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more than allege the plaintiff entitlement to relief; it must show
summary judgment, the Third Circuit and
court can consider a
the basis of Sahourys claims
s claims. Rather, it
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must show
on; and (5) resulting damages.
25 (1981).
The element of
reliance is the same for fraud and negligent misrepresentation.
her reliance on the producers statements was detrimental
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Sahourys
Defendants s full name and
Moreover, in pleading fraud a party must state with particularity the
the fraud but [m]alice, intent, knowledge and other conditions of a persons mind may be
alleged generally. Fed. R. Civ. P. 9(b).
these claims across the
le.
reasonably relied on the misrepresentation. (Defs.
hat she consent[ed] to use of [her and her daughters]
and authorized
likeness in any medium whatsoever (now existing or hereinafter created). (Defs.
that because the prior oral statements contradict
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release
her or her daughters
n, including without limitation claims of privacy. (Aff.
Generally, defendants
misses the point that standards of pleading are not the same as standards of proof.
when Sahourys full
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Defs.
The Release uses the word name
Negligence is conduct which falls below the
standard established by law for the protection of others against an unreasonable risk of harm.
defendants conduct
enninger v. Hunterdon Cent. Regl High Sch.
.
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exercise reasonable and ordinary care in the filming, editing, production and dissemination of
the breastfeeding video (SAC 62);
to YouTube and including Sahoury
defendants
became consumed with her efforts to clear her name and A.S.s name and
humiliation, severe stress, anxiety, panic attacks, crying and shaking spells, vomiting,
eplessness, anger, [and] sadness . . . . (
her assertion that defendants acted negligently
Sahourys
discovered to ask why Sahourys full name was used in the video and claims that the producer
responded that she did not know and that she
something they do. (SAC 27.)
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no duty to control the acts of a third party. (Defs.
state, [d]
and this analysis is necessarily .
, [e]ven
case on a motion to dismiss, but rather need only
reasonable expectation that discovery will reveal evidence of the necessary element.
, and defendants
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Defendants
efendants
Sahoury and A.S.s
in the breastfeeding video for trade purposes
appropriated for their own use and/or benefit the plaintiffs names. (SAC 73.)
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of a persons name or likeness Defs.
Opp. Br.
claim for misappropriation the plaintiff must show that (1) defendant used plaintiffs name or
or to advertise the defendants
business or product.
Sahoury and A.S.s
defendants use of plaintiff
(Wolfson, J.) ([T]
publication uses the plaintiffs likeness for the purpose of capitalizing upon the name by using it
(internal quotations o
any nontortious uses of someone
demonstrated a commercial purpose because large companies post videos to
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s
on Sahoury, or her daughters,
as an institutional or educational
(
defendants
that [d]efendants appropriated plaintiffs
commercial profit and advantage, the
appropriating to the defendants
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noted that
were used for a commercial or trade purpose,
, the court concluded plaintiffs failed to state a
Sahoury and A.S.s
institutional or educational video is not suffici
commercial purpose element of the misappropriation tort.
nd likeness for
defendants
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