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Michael Rapaport 2021 39;s defamation suit against Barstool Sports .

Michael Rapaport 2021 39;s defamation suit against Barstool Sports .

Michael Rapaport 2021 39;s defamation suit against Barstool Sports .

Michael Rapaport Michael Rapaport defamation Barstool … Sports 's suit against

Tue, 30 Mar 2021 12:00:00 -0700

Nearly three years after actor Michael Rapaport sued Barstool Sports for defamation and a breach of contract, a decision has been reached

.

Well, partly

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Awful Announcing

Nearly three years after actor Michael Rapaport sued Barstool Sports for defamation and a breach of contract, a decision has been reached.

Well, partly.

On Monday, U.S.

District Court District Court Judge Naomi Reice Buchwald dismissed Rapaport’s defamation claim, saying (via TheWrap) that “A close review of the challenged statements in context reveals that they would not have been ‘understood by a reasonable [audience] as assertions of fact that were proffered for their accuracy.’”

According to Buchwald, anyone even remotely familiar with Barstool’s content would recognize that the statements Rapaport challenged, in addition to a t-shirt depicting the actor with a red herpes sore underneath his lip, were overly exaggerated in their profanity and insults.

“The statements were largely laden with epithets, vulgarities, hyperbole, and non-literal language and imagery; delivered in the midst of a public and very acrimonious dispute between the Barstool Defendants and Rapaport that would have been obvious to even the most casual observer; and published on social media, blogs, and sports talk radio, which are all platforms where audiences reasonably anticipate hearing opinionated statements.”

In his original lawsuit, Rapaport claimed that Barstool, founder Dave Portnoy, and personalities Adam Smith, Kevin Clancy, and Eric Nathan waged a “campaign to discredit” him after he was fired, intending to embarrass him and claim he had herpes.

Rapaport also wanted legal documents to make it clear that he did not have herpes.

Remember the lawsuit Michael Rapaport filed against Barstool & @stoolpresidente?

The Stoolies picked up some pre-trial wins today.

Rapaport's claims of fraud & defamation have been shot down.

This is my favorite part of the 64-page opinion.

pic.twitter.com/BKzysLPn6F

— Darren Heitner (@DarrenHeitner) March 30, 2021

However, the breach of contract claim against Barstool will move forward to trial.

In the suit, Rapaport alleged that his contract with the company entitled him to $200,000 for “rant” videos posted online and $400,000 for a podcast.

Additionally, Rapaport claims that Barstool promised to make “good faith efforts” in getting the actor a weekly radio or video show, which would have guaranteed him $375,000.

According to the suit, the company never followed through on those assurances.

if you call yourself a fucking stoolie for real, you've already lost in life

— MichaelRapaport (@MichaelRapaport) February 18, 2018

Barstool fired Rapaport in February 2018 after he alleged Smith used steroids to prepare for a Rough N’ Rowdy boxing match and insulted diehard fans of the website and its personalities by saying their support showed they’ve “already lost in life.”

Rapaport claims that he was fired “without cause or justification,” while Barstool maintains the company was within its rights to terminate the actor for insulting its audience.

The outcome of that dispute will now apparently be determined by a jury.

Related: Five zany quotes from the Michael Rapaport-Barstool Sports lawsuit, including a whole lot of talk about herpes

[TheWrap]

Ian is a writer, editor, and podcaster.

You can find his work at Awful Announcing and The Comeback.

He’s written for Sports Illustrated, Yahoo Sports, MLive, Bleacher Report, and SB Nation.

Alanna Rizzo already has her next sports media gig.

Amazon

The funding would put the company’s value at around $650 million.

Smallwood became a pro bowler after getting laid off from his assembly line job.

The final pieces of the Final Four in both the men’s and women’s NCAA Tournament will be solved tonight on TBS and ESPN

“The mid-apology play-by-play, ESPN’s Pablo Torre says, ‘was like listening to the band play on as the Titanic was sinking.

Except the band was also somehow the iceberg.'”

Alanna Rizzo already has her next sports media gig.

Amazon

The funding would put the company’s value at around $650 million.

Smallwood became a pro bowler after getting laid off from his assembly line job.

The final pieces of the Final Four in both the men’s and women’s NCAA Tournament will be solved tonight on TBS and ESPN

“The mid-apology play-by-play, ESPN’s Pablo Torre says, ‘was like listening to the band play on as the Titanic was sinking.

Except the band was also somehow the iceberg.'”

AwfulAnnouncing.com is a Sports fan web site and is in no way affiliated with any media organization, any professional sports league, team, organization, or its Properties.

This site is for informational and entertainment purposes only.

AwfulAnnouncing.com is not an official web site for any media organization, professional sports league, team, or organization.
Copyright © 2020 www.AwfulAnnouncing.com – All Rights Reserved – Trademarks used herein are property of their respective owners.

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Michael Rapaport Michael Rapaport

Tue, 30 Mar 2021 12:00:00 -0700

The judge's 64-page opinion issued Monday doesn't fully close the lawsuit, which also accused Barstool Sports of breach of contract

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A judge dismissed actor and podcast comedian Michael Rapaport’s defamation lawsuit against Barstool Sports founder Dave Portnoy, striking down part of a suit that centered around a clown-faced shirt and a sexually transmitted disease.

U.S.

Southern District Court Judge Naomi Reice Buchwald on Monday dismissed the defamation claim made by Rapaport, who sued over a photoshopped clown T-shirt that Barstool Sports began selling after his messy departure from the network.

The judge specifically honed in on Rapaport’s complaint that a red blemish placed on his face—just below a clown nose—insinuated that he was infected with herpes.

But the judge disagreed, saying that a “reasonable audience” would not tie the image featuring his face to accusations that he had the STD.

Rapaport and Portnoy engaged in a series of petty arguments on social media in the months after Rapaport separated from the network, with the actor releasing an image that showed himself having sex with Portnoy.

The defamation lawsuit noted that Barstool Sports described him as a “racist,” and a “D-list actor,” but the judge labeled those insults “nothing more than subjective evaluations.”

The judge’s 64-page opinion issued Monday doesn’t fully close the lawsuit, which also accused Barstool Sports of breach of contract.

The judge moved to send those contract claims to trial.

“While hardly flattering to Rapaport, this image standing alone is not actionable because a reasonable audience would not understand the shirt to be asserting as a fact that Rapaport has herpes,” Buchwald’s ruling read, addressing the clown nose T-shirt at the center of the lawsuit.

During a deposition in September 2019, Portnoy said his insults toward his former podcasting employee were simply responses to nasty comments already made by Rapaport toward him.

Is that herpes on @MichaelRapaport ? Looks like herpes…..

Gross pic.twitter.com/WC1dxKgr6K

“He called me a p***y repeatedly and made pictures of him having sex with me from behind,” Portnoy said at the legal hearing in Manhattan.

Portnoy appeared to gloat over the court victory Tuesday on Twitter.

“In honor of Rappaport [sic] getting his ass kicked in court here is the time I put his lawyers in a mental torture chamber,” Portnoy tweeted Tuesday, sharing a video link to the combative September 2019 deposition.

“Just to clarify Rapaort [sic] had his idiot coworkers there who may be dumber than he is sitting across the table from me furiously scribbling notes to themselves.

That’s who I gave the thumbs up to at the end.”

Rapaport has not responded to Portnoy’s social media jabs since the release of judge’s defamation lawsuit dismissal Monday morning.

Newsweek reached out to Barstool Sports and representatives for Rapaport for additional remarks about the case and impending breach of contract trial proceedings.

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– March 30, 2021

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