No, Not That David Sackler; No, Not That State Law
From Sackler v. ABC, Inc., decided Wednesday by N.Y. trial judge Franc Perry:
[This defamation] action is based on the defendants’ mistaken use of a photograph and sketch of the plaintiff, David Sackler, while reporting on the OxyContin endemic. The plaintiff is not the David Sackler of the Sackler family and Purdue Pharma. The defendant, NYP HOLDINGS, INC., publishes the “N.Y. Post” which is a daily publication that is available worldwide in hard copy and online editions….
Plaintiff alleges that the N.Y. Post used a photo of him instead of the David Sackler of Purdue Pharma in an online article about the Sackler family of Purdue Pharma published on May 12, 2019. Mr. Sackler notes that the photograph utilized by the Post he is holding a bottle of Trimwater, a beverage distributed by his company, Lifestyles Beverages, Inc. The Post’s story also ran in its printed edition which featured the same photograph but had been cropped and did not show the beverage from the plaintiff’s company. Mr. Sackler also alleges reputational harm when the NY. Post published a different picture of him again holding a bottle of Trimwater in a [different] online article entitled “Met to reject gifts from the Sacklers amid the fury over the opioid crisis.” …
Mr. Sackler cites specific examples of reputational harm that occurred in California, Florida, New Jersey and New York due to the defendant’s use of his photograph when reporting on the opioid crisis. Mr. Sackler also points to phone calls and a Facebook message received from people in
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