May 18, 2018 UPDATE: Ms. Costopoulos Lets Marty Out — But Likely Soon Adds Vyera/Turing… In

I’ll explain more completely — when I have a free moment this weekend, but an agreed order was just entered:

STIPULATION OF VOLUNTARY DISMISSAL

It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, WITHOUT prejudice against the defendant(s) Martin Shkreli and WITHOUT costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Eve Costopoulos….

This simply increases her chances of hitting the more solvent defendant, and avoid any federal procedural dismissal based on lack of diversity of citizenship.

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4 thoughts on “May 18, 2018 UPDATE: Ms. Costopoulos Lets Marty Out — But Likely Soon Adds Vyera/Turing… In

  1. R West says:

    I don’t understand why she didn’t sue the company as a co-defendant to start with. She claimed in her Complaint to be a resident of NJ, so diversity would not be destroyed by adding the NY company. It may be that if she admitted Martin was acting as a company agent, he could invoke a qualified immunity from defamation … since it arguably involved legitimate company management issues. She is probably relying more on the Facebook posts, which have less to do with legitimate management concerns – but also one wouldn’t know who Martin was talking about. Assume they are either in settlement negotiations … or she’s coming back with a new Complaint … doesn’t make much sense so far?

    Liked by 1 person

      • R West says:

        Really not clear what she’s doing here, since New York has a short statute of limitations on defamation: one year. A lot of her complaint seemed to predate that limitation. If she took a dismissal without prejudice, then she’s losing more time, since the clock is not tolled. See Cardio-Medical Assoc., Ltd. v. Crozer-Chester Med. Ctr., 721 F.2d 68, 77 (3d Cir. 1983) (“It is a well recognized principle that a statute of limitations is not tolled by the filing of a complaint subsequently dismissed without prejudice. As regards the statutes of limitations, the original complaint is treated as if it never existed.”)

        Liked by 1 person

      • condor says:

        I suppose it’s possible that Vyera/Turing has already agreed to pay her in a confidential settlement agreement, as well.

        But I won’t be shocked if she turns up as a claimant asking for priority by tomorrow night, in the criminal proceedings before Judge Matsumoto.

        We shall see!

        Like

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