Lifestyle Lift Holding, Inc. v. NBC 10

NOTE: The information and commentary contained in this database entry are based on court filings and other informational sources that may contain unproven allegations made by the parties. The truthfulness and accuracy of such information is likely to be in dispute. Information contained in this entry is current as of the last event mentioned in the "Description" section below; additional proceedings might have taken place in this matter since this event.

Summary

Threat Type: 

Lawsuit

Date: 

09/26/2006

Status: 

Pending

Location: 

Michigan

Disposition: 

Dismissed (partial)

Verdict or Settlement Amount: 

N/A
Lifestyle Lift Holding, Inc. and LL NJ, Inc. are in the business of performing facelifts and other cosmetic surgery. In September 2006, they sued NBC-Subsidiary (WCAU-TV) (a.k.a. NBC 10), NBC Universal and certain of its affiliates, NBC reporter Lu Ann Cahn, and... read full description
Parties

Party Receiving Legal Threat: 

NBC-Subsidiary (WCAU-TV) (a.k.a. NBC 10); NBC Stations Management II, Inc.; NBC Stations Management, Inc.; NBC Universal, Inc.; Lu Ann Cahn; Dr. Louis Bucky; John Doe 1 and 2

Type of Party: 

Organization

Type of Party: 

Individual
Large Organization

Location of Party: 

  • Michigan
  • New Jersey

Location of Party: 

  • Pennsylvania
  • Delaware

Legal Counsel: 

Julie Rikelman
Description

Lifestyle Lift Holding, Inc. and LL NJ, Inc. are in the business of performing facelifts and other cosmetic surgery. In September 2006, they sued NBC-Subsidiary (WCAU-TV) (a.k.a. NBC 10), NBC Universal and certain of its affiliates, NBC reporter Lu Ann Cahn, and Dr. Louis Bucky over a television news report about the "Lifestyle Lift" cosmetic surgery procedure that appeared on NBC 10 in Philadelphia. In preparing the news report, the NBC defendants allegedly sent two individuals in an undercover capacity to LL NJ's offices to gather information and secretly videotape events on the premises. The news report itself was critical of the Lifestyle Lift procedure and included negative statements by former patients and Dr. Bucky, NBC10's hired expert. A copy of the news program was posted on the NBC10's website, but later removed, and a nearly verbatim transcript of the broadcast was originally posted on various local NBC websites.

The complaint, filed in federal court in Michigan, included claims for violation of the New Jersey wiretapping statute, trespass to land, false advertising under the Lanham Act, and defamation. In November 2006, the defendants moved to dismiss the case, and the court dismissed the false advertising and wiretapping claims, and dismissed Dr. Bucky from the suit altogether for lack of personal jurisdiction over him. Later, the remaining defendants moved for summary judgment on the trespass and defamation claims. On April 28, 2008, the court denied the motion, holding that the defamation claim could go to trial. The court dismissed the trespass claim without prejudice, holding that a New Jersey court should decide that claim.

UPDATE:

On 7/14/2008 the court issued an order of referral to facilitative mediation. On 8/21/08, the court issued an order dimissing the case.

 

Details

Content Type: 

  • Video
  • Text

Publication Medium: 

Broadcast
Website

Subject Area: 

  • Defamation
  • Recording Others
  • Consumer Ratings and Reviews
Court Information & Documents
CMLP Information (Private)

CMLP Notes: 

avm -6-15-09 update on mediation and dismissal