Stick To Facts, Judge Tells Atty In Barron's Defamation Case

Law360, New York (May 21, 2020, 5:35 PM EDT) -- A Manhattan federal judge on Thursday cautioned counsel representing a Florida securities lawyer whose $25 million suit claims Barron's subjected him to a "smear campaign" to stick to the facts of the defamation case, saying, "You're on notice."

The warning from U.S. District Judge Paul A. Engelmayer was directed toward attorney Robert Buschel, local counsel for plaintiff Harvey J. Kesner in Kesner's suit targeting Barron's magazine and parent Dow Jones & Co. Inc.

Kesner's September complaint claims Barron's — whose ultimate parent is News Corp., which is not a defendant — and reporter Bill Alpert damaged him by implying that he...

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