The Volokh Conspiracy

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Defecation Defamation

Not to be confused with the more common defalcation defamation.


From Baumgarten v. EOTFR, a California Superior Court libel suit filed last Friday:

On or around August 15, 2019, defendant Ballard insinuated that Baumgarten had defecated on the bathroom floor of the New York office and interrogated Baumgarten about the defecation incident in the restroom in front of Santos. Defendant Ballard insinuated Baumgarten was responsible for the defecation because the defecation was reported after Baumgarten used the restroom. Later, word spread throughout the ICM offices that attributed Baumgarten to the defecation incident, and then subsequently, outside of ICM, including to other agencies and major studios.

Defendant Ballard wrongfully accused Baumgarten of these outrageous allegat[ions] knowing that once she leaked the mere subject matter that Baumgarten would be terminated and his reputation would be eviscerated.

Defendant ICM has a pattern and practice of defaming employees that they target and want to separate from the company, in order to ensure that the employee's reputation
in the industry is tarnished so that they will be unable to compete with Defendant ICM. Defendant ICM defames such employees in front of other company employees, the press, competitors and others in the entertainment community. There have been dozens of employees who have been subjected to this treatment….

Recall that this is just the plaintiff's side of the story; see the article in the Hollywood Reporter (Rebecca Sun) for more. Thanks to Glen Whitman for the pointer.