Finger Pointing And Yelling At Deposition Not Actionable

Good news for attorneys who conduct depositions.

The dismissal of a civil action against the Paul Hastings firm was affirmed by the New York Appellate Division for the First Judicial Department

The court properly dismissed the slander per se claim because the alleged defamatory statements were made during a judicial proceeding and may be considered pertinent to that proceeding...

The court properly dismissed the claim for civil assault. The physical conduct alleged by plaintiff, which amounts to finger pointing and generalized yelling in the context of a heated deposition, is inappropriate behavior, not to be condoned, but, without more, is not the type of menacing conduct that may give rise to a reasonable apprehension of imminent harmful conduct needed to state an actionable claim of assault.

(Mike Frisch)