Bit Parts

The New York Appellate Division, Second Department, ruled that an appearance release a physician signed to appear on the reality TV show Mob Wives blocked his lawsuit over statements made by one of the show's participants about the doctor's skills. Klapper v. Graziano, 2013-09357. Andrew Klapper, a plastic surgeon, appeared on the reality TV series Mob Wives to perform surgery on show participant Renee Graziano. Klapper filed suit after Graziano later publicly criticized Klapper's procedure on her. The defendants, which included VH1, Viacom and the Weinstein Co., moved to dismiss based on the release “not to sue” for “any and all manner of liabilities, claims and demands of any kind or nature, whatsoever, in law or equity, whether known or unknown, which [the plaintiff or his assigns, agents, and/or representatives] ever had, now has, or in the future may have against [them].” New York Supreme Court, Kings County, granted the defendants' motion. Affirming, the appellate court noted: “Such releases, which are commonly used in the entertainment industry, are enforceable and should not lightly be set aside. The allegations against the corporate defendants are insufficient to demonstrate willful or grossly negligent acts or intentional misconduct which would render the Appearance Release unenforceable.”

Home Renovation Service Fails to Establish Claims Against Reality TV Show Producers

The U.S. District Court for the Western District of North Carolina decided that a company that provided services for the renovation of homes to be featured on the HGTV series Flip It Forward failed to establish breach of contract and unjust enrichment claims against the TV show's producers. Preservation Professional Services LLC (PresPro) v. M2 Pictures LLC, 3:14-cv-589. PresPro claimed it worked on Flip It Forwardafter being promised it would be featured on the series, which was canceled only a few weeks into production. District Judge Robert J. Conrad Jr. noted in part: “Here, even viewing Plaintiffs' Amended Complaint in the light most favorable to the Plaintiffs, this Court finds that the Complaint does not include plausible allegations that Defendants breached the terms of a valid and enforceable contract.'Plaintiffs do not cite to any cases to support their contentions nor point to specific factual allegations in the Amended Complaint to demonstrate that such a contract was created between the parties.”

Owner of Original Woodstock Site Loses Equal Protection Suit

The U.S. Court of Appeals for the Second Circuit shot down an equal protection claim by the owner of the upstate New York land on which the original Woodstock festival took place. Abramson v. Gettel, 14-4652. In 2007, Jeryl Abramson and her Yasgur Road Productions entered into a consent order with the Town of Bethel, NY, that required her to obtain special permits for Woodstock reunion concerts she held on her property. Abramson later sued the town after it took no action against G&B Real Property, which hosted similar events in Bethel. But the Second Circuit observed: “G&B is not subject to an agreement similar to the consent order ' Yasgur Farm and G&B's property are governed by different zoning regulations. Yasgur Farm is in an agricultural district that requires a special use permit for any 'open-air concert venues.' G&B operates within the 'G-17B Gateway Commercial District[,]' which may bar recreational activity in the first instance, but G&B may seek a varianceto lawfully host an event at any time.”'G&B is therefore not subject to the same restrictions as Yasgur Farm.”

TV Show Appearance Release Bars Doctor's Suit over Mob Wives

The New York Appellate Division, Second Department, ruled that an appearance release a physician signed to appear on the reality TV show Mob Wives blocked his lawsuit over statements made by one of the show's participants about the doctor's skills. Klapper v. Graziano, 2013-09357. Andrew Klapper, a plastic surgeon, appeared on the reality TV series Mob Wives to perform surgery on show participant Renee Graziano. Klapper filed suit after Graziano later publicly criticized Klapper's procedure on her. The defendants, which included VH1, Viacom and the Weinstein Co., moved to dismiss based on the release “not to sue” for “any and all manner of liabilities, claims and demands of any kind or nature, whatsoever, in law or equity, whether known or unknown, which [the plaintiff or his assigns, agents, and/or representatives] ever had, now has, or in the future may have against [them].” New York Supreme Court, Kings County, granted the defendants' motion. Affirming, the appellate court noted: “Such releases, which are commonly used in the entertainment industry, are enforceable and should not lightly be set aside. The allegations against the corporate defendants are insufficient to demonstrate willful or grossly negligent acts or intentional misconduct which would render the Appearance Release unenforceable.”