Ally works at the Larin store on Madison Avenue and has recently overheard her manager talking about theft of expensive coats from the store by a young woman. Ally goes to a party where she sees Zoe, a young lawyer, wearing a very expensive Larin coat. Ally yells across the room, “Zoe, you stole that coat from the Larin store!” Upset, a very important client of Zoe’s leaves the party, saying, “I won’t do business with a thief.” Ally then posts a photo of Zoe in the coat to Instagram, with the caption “Zoe in the coat she stole from Larin on Madison.” The next day, Zoe meets with Ally to confront her about her accusations and the Instagram post. Ally claims she has a constitutional right to say whatever she wishes. Ally then tells Zoe she has called the police and is having Zoe’s apartment searched for stolen goods. Zoe files a lawsuit against Ally.
A. Please discuss what claims Zoe could make against Ally and whether Zoe’s suit would be successful. Explain fully, including what Zoe would have to prove to win her suit and any possible defenses Ally might raise.
B. Would your answer be different if Zoe were a celebrity trial lawyer whose name often appeared in the NY Post?
C. What constitutional issues are raised in this case? Please discuss fully.
