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DIBELLA v. HOPKINS

Docket Nos. 03-7012, 03-9095.

403 F.3d 102 (2005)

Lou DIBELLA and Dibella Entertainment, Inc., Plaintiffs-Appellants-Cross-Appellees, v. Bernard HOPKINS, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 4, 2005.

Attorney(s) appearing for the Case

Judd Burstein, New York, New York (Peter B. Schalk, Matthew G. DeOreo, Law Office of Judd Burstein, P.C., New York, New York, of counsel), for Plaintiffs-Appellants-Cross-Appellees.

Stephen A. Cozen, Philadelphia, Pennsylvania (Robert W. Hayes, Marlo Pagano-Kelleher, Cozen O'Connor, P.C., Philadelphia, Pennsylvania; Edward Hayum, New York, New York, of counsel), for Defendant-Appellee-Cross-Appellant.

Before: CARDAMONE, McLAUGHLIN, and WESLEY, Circuit Judges.

CARDAMONE, Circuit Judge.

Plaintiff Lou DiBella sued defendant Bernard Hopkins, a former business associate, for libel. DiBella alleged that Hopkins made four libelous statements about him. After a jury trial in the United States District Court for the Southern District of New York before Judge Denny Chin in November 2002, the plaintiff was awarded a substantial verdict based on one of Hopkins' libelous statements. DiBella appeals from the judgment of that award entered...

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