Sahoury v. Meredith Corp

7/31/2019 Sahoury v. Meredith Corp.

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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

Case 2:11-cv-05180-KSH-PS Document 37 Filed 08/02/12 Page 1 of 17 PageID: 474


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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


Documents

Sahoury v. Meredith Corp