The lawsuit, which was filed along with a breach of contract suit, was filed by the actor-comedian-director-podcaster three years ago. The defamation suit revolved around a T-shirt depicting Rapaport as a clown with a red mark on his chin – what Rapaport claims he had herpes.
The judge of the US Southern District Court, Naomi Reice Buchwald, wrote in one 64-page statement that a “reasonable audience” could conclude that the picture is exaggerated.
« Although Rapaport is hardly flattering, this picture is not feasible on its own, since a reasonable audience does not wear the shirt as an assertion that Rapaport has herpes « , reads Buchwald’s decision.
Rapaport, who was hired in 2017 to do » rants « for Barstool Sports, stated that he was bought by company founder Dave Portnoy in February 2018 Was terminated « without reason or justification ». The company claims that the 51-year-old’s tweet – stating that anyone who calls themselves a « stoolie » (a nickname for fans of Barstool Sports) has « lost in life » – was the reason for the firing / p> The breach of contract filed in September 2018 against Barstool Sports Inc., Portnoy and website personalities Adam Smith, Kevin Clancy and Eric Nathan remains on trial.
« Whether the evidence shows that Rapaport’s tweet actually brought Barstool into disrepute and thus enabled Barstool to terminate the talent contract immediately, is a controversial question of essential facts that must be clarified by a jury after the trial, « wrote Buchwald.
Rapaport’s ongoing lawsuit against Barstool Sports claims his contract entitled him to $ 200,000 for his rant videos and $ 400,000 for a podcast. The company is also doing « good faith » to get him a weekly show that would have grossed him $ 375,000.
Portnoy appeared delighted with the win on Monday and shared a video of his dismissal in September 2019 with.
« In honor of Rappaport’s ass kicked here in court, it’s time I put his lawyers in a mental torture chamber, » Portnoy tweeted Tuesday. “Just to make it clear that Rapaort had his idiotic colleagues there who may be more stupid as he sits across from me angrily scribbling notes on himself. In the end I gave him my thumbs up. «
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