NXIVM CORPORATION and First Principles, Inc., Plaintiffs-Appellants,
v.
THE ROSS INSTITUTE, Rick Ross also known as Ricky Ross, John Hochman, and Stephanie Franco, Defendants-Appellees,
Paul Martin and Wellspring Retreat, Inc., Consolidated-Defendants-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued November 19, 2003.
Decided April 20, 2004.
Attorney(s) appearing for the Case
Arlen L. Olsen, Schmeiser, Olsen & Watts, LLP, Latham, N.Y. (Kevin A. Luibrand, Tobin and Dempf, LLP, Albany, NY, on the brief), for Plaintiffs-Appellants.
Thomas F. Gleason, Gleason, Dunn, Walsh & O'Shea, Albany, NY (Douglas M. Brooks, Martland and Brooks LLP, Saugus, MA, on the brief), for Defendants-Appellees The Ross Institute, Rick Ross also known as" Ricky Ross," and John Hochman, and for Consolidated-Defendants-Appellees Paul Martin, and Wellspring Retreat, Inc.
Harold Kofman and Anthony J. Sylvester, Riker, Danzig, Scherer, Hyland & Perretti LLP, Morristown, NJ (Hinman, Howard & Kattell LLP, Binghamton, NY, on the brief), for Defendant-Appellee Stephanie Franco.
Before: WALKER, Chief Judge, JACOBS and STRAUB, Circuit Judges.
United States Court of Appeals, Second Circuit.
Judge JACOBS concurs in the majority opinion and in a separate concurring opinion.
JOHN M. WALKER, JR., Chief Judge.
This case presents us with an opportunity to examine the import of the Supreme Court's holding in Harper & Row Publishers, Inc. v. Nation Enters.,471 U.S. 539, 105 S.Ct. 2218, 85 L.Ed.2d 588 (1985), that "`the propriety of the defendant's conduct'" is relevant...
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