Donald Frangipani Lawsuit vs HBO, Simon, Spence,PSA

[HOFautographsT206]

Score one for the good guys!!!!!!!!!!!

[danc]

Fri, Mar 12 2010-NEW YORK (Reuters) - The HBO cable television channel won dismissal of a $5 million defamation lawsuit by a Brooklyn, New York handwriting expert who accused it and "Real Sports" host Bryant Gumbel of tying him to a forgery ring.

Tuesday's ruling by U.S. District Judge George Daniels in Manhattan federal court rejected claims by Donald Frangipani, who said he had more than 40 years of experience in forensic documents, including authenticating sports autographs and other memorabilia by Babe Ruth, Tiger Woods and others.

HBO is a unit of Time Warner Inc.

In his 2008 lawsuit, Frangipani alleged that HBO violated New York State defamation law over a January 2006 "Real Sports" segment, "Forger's Paradise," in which it portrayed him as an authenticator of choice for a forgery ring broken up by the FBI in 2000.

Frangipani also accused large authentication companies of violating federal antitrust and racketeering laws by conspiring to keep him out of the market.

Among the defendants were Gumbel, who hosted "Real Sports," as well as narrator Armen Keteyian and several producers.

In his 15-page decision, Daniels said the plaintiff failed to show that the authentication companies violated federal antitrust and racketeering laws by scheming to freeze him out of the market, or that customers refused to use his services because of the companies' actions.

Because he dismissed Frangipani's federal claims, Daniels declined to exercise jurisdiction over the state law defamation claim.

Salvatore Strazzullo, a lawyer for Frangipani, said he is reviewing the decision and may pursue the case in state court.

David Schulz, a lawyer for the HBO defendants, was not immediately reachable for comment. Lawyers for the other defendants had no immediate comment or did not immediately return requests for comment.

The case is Frangipani v. HBO et al, U.S. District Court, Southern District of New York, No. 08-5675.

[bigtrain]

Congratulations Richard. I defended a defamation suit against a prominent hobby magazine several years ago. It is a frustrating process, even for trial lawyers.