Pinto v. Internationale Set, Inc., 650 F. Supp. 306 (D. Minn. 1986). · Go Syfert
Pinto v. Internationale Set, Inc., 650 F. Supp. 306 (D. Minn. 1986). Cases Citing This Book View Copy Cite
“in minnesota, a plaintiff cannot elude the absolute privilege by relabeling a claim that sounds in defamation.”
36 citation events (21 in the last 25 years) across 13 distinct courts.
Strongest positive: MSK EyEs LTD v. Wells Fargo Bank (ca8, 2008-11-03) · Strongest negative: Gregory Sherr v. HealthEast Care System (ca8, 2021-06-02)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 30 distinct citers. How cited ↗
discussed Cited "but see" Gregory Sherr v. HealthEast Care System
8th Cir. · 2021 · signal: but see · confidence high
While plaintiffs may not have to directly quote the allegedly defamatory words, see Thompson, 845 F. Supp. at 679 (noting that plaintiff’s failure “to recite the exact language spoken is not fatal to her defamation claim”); but see Moreno v. Crookston Times Printing Co., 610 N.W.2d 321, 326 (Minn. 2000) (“Minnesota law has generally required that in defamation suits, the defamatory matter be set out verbatim.”), their complaints generally must identify “who made the allegedly [defamatory] statements, to whom they were made, and where.” Pinto v. Internationale Set Inc., 650 F. Sup…
discussed Cited as authority (verbatim quote) MSK EyEs LTD v. Wells Fargo Bank
8th Cir. · 2008 · quote attribution · 1 verbatim quote · confidence high
in minnesota, a plaintiff cannot elude the absolute privilege by relabeling a claim that sounds in defamation.
cited Cited as authority (rule) Bergh v. Sanford Health Network
D. Minnesota · 2025 · confidence medium
Minn. 2012) (citing Pinto v. Internationale Set, Inc., 650 F. Supp. 306, 309 (D.
cited Cited as authority (rule) Gantman v. Farahan
D. Minnesota · 2024 · confidence medium
Pinto v. Int’l Set, Inc., 650 F. Supp. 306, 308-09 (D.
cited Cited as authority (rule) US Dominion, Inc. v. My Pillow, Inc.
D.D.C. · 2022 · confidence medium
Colo. 1998), with Pinto v. Internationale Set, Inc., 650 F. Supp. 306, 308 (D.
discussed Cited as authority (rule) Said v. Mayo Clinic
D. Minnesota · 2021 · confidence medium
“While plaintiffs may not have to directly quote the allegedly defamatory words, . . . their complaints generally must identify ‘who made the allegedly [defamatory] statements, to whom they were made, and where.’” Sherr v. HealthEast Care Sys., 999 F.3d 589 , 597–98 (8th Cir. 2021) (quoting Pinto v. Internationale Set Inc., 650 F. Supp. 306, 309 (D.
cited Cited as authority (rule) MN Airlines, LLC v. Global Aviation Services USA, Inc.
D. Minnesota · 2019 · confidence medium
Minn. 1993) (Doty, J.) (citing Pinto v. Internationale Set, Inc., 650 F. Supp. 306, 309 (D.
cited Cited as authority (rule) Sherr v. HealthEast Care System
D. Minnesota · 2019 · confidence medium
Pinto v. Internationale Set, Inc., 650 F. Supp. 306, 309 (D.
discussed Cited as authority (rule) O'Brien & Gere Engineers, Inc. v. City of Salisbury (2×)
Md. Ct. Spec. App. · 2015 · confidence medium
See also Briscoe, 460 U.S. at 325 , 103 S.Ct. 1108 (absolute litigation privilege protected defendant from liability in claim for violation of civil rights under 42 U.S.C. section 1983 based on statements made during trial); Buschel v. MetroCorp, 957 F.Supp. 595, 598 (E.D.Pa.1996) (absolute litigation privilege “applies equally in causes of action for invasion of privacy”); Pinto v. Internationale Set, Inc., 650 F.Supp. 306, 309 (D.Minn.1986) (absolute litigation privilege “entitles defendant to judgment on plaintiffs’ claim for intentional interference with contractual and business re…
discussed Cited as authority (rule) Magee v. Trustees of Hamline University
D. Minnesota · 2013 · confidence medium
Pope v. ESA Servs., Inc., 406 F.3d 1001, 1011 (8th Cir.2005) (citation omitted); Pinto v. Int’l Set, Inc., 650 F.Supp. 306, 309 (D.Minn.1986).
discussed Cited as authority (rule) Besett v. Hegg
D. Minnesota · 2012 · confidence medium
At the very least, the plaintiff must “ ‘allege who made the allegedly libelous statements, to whom they were made, and where.’ ” Id. (quoting Pinto v. Internationale Set, Inc., 650 F.Supp. 306, 309 (D.Minn.1986)).
cited Cited as authority (rule) Walker v. Wanner Engineering, Inc.
D. Minnesota · 2012 · confidence medium
Pinto v. Internationale Set, Inc., 650 F.Supp. 306, 309 (D.Minn.1986) (citing Asay v. Hallmark Cards, 594 F.2d 692, 698-99 (8th Cir.1979)); Schibursky v. Int’l Bus.
discussed Cited as authority (rule) Mahoney & Hagberg v. Newgard
Minn. · 2007 · confidence medium
No. 197, 356 N.W.2d 724, 733 (Minn.App.1984) (holding that “defamation and emotional distress are merely two different labels for the same alleged tort in this case, and that the doctrine of absolute privilege applies with equal force to both claims.”); Pinto v. Internationale Set Inc., 650 F.Supp. 306, 309 (D.Minn.1986) (“[I]n Minnesota, a plaintiff cannot elude the absolute privilege by relabeling a claim that sounds in defa *310 mation.”); cf. Wild v. Rarig, 302 Minn. 419, 446-47 , 234 N.W.2d 775, 793 (1975) (concluding that where a wrongful interference with business relationships …
cited Cited as authority (rule) Mahoney & Hagberg v. Newgard
Minn. Ct. App. · 2006 · confidence medium
Pinto v. Internationale Set, Inc., 650 F.Supp. 306, 308 (D.Minn.1986).
discussed Cited as authority (rule) Andre Pope v. Esa Services, Inc.
8th Cir. · 2005 · confidence medium
At a minimum, the plaintiff must “allege who made the allegedly libelous statements, to whom they were made, and where.” Id. (quoting Pinto v. Internationale Set, Inc., 650 F.Supp. 306, 309 (D.Minn.1986) (internal quotations omitted)).
cited Cited as authority (rule) Andre Pope v. ESA Services, Inc.
8th Cir. · 2005 · confidence medium
At a minimum, the plaintiff must “allege who made the allegedly libelous statements, to whom they were made, and where.” Id. (quoting Pinto v. Internationale Set, Inc., 650 F. Supp. 306, 309 (D.
discussed Cited as authority (rule) Aequitron Medical, Inc. v. CBS, INC.
S.D.N.Y. · 1997 · confidence medium
It is not sufficient to merely state the effect of the language, or that the publication was of a certain defamatory tenor and import.”; Pinto v. Internationale Set, Inc., 650 F.Supp. 306, 309 (D.Minn.1986) ("A claim for defamation must be pled with specificity.”).
discussed Cited as authority (rule) D.W. v. Radisson Plaza Hotel Rochester
D. Minnesota · 1997 · confidence medium
In addition, “a claim for defamation must be pled with a certain degree of specificity.” Id. (citing Pinto v. Internationale Set, Inc., 650 F.Supp. 306, 309 (D.Minn. 1986); Stock v. Heiner, 696 F.Supp. 1253, 1260 (D.Minn.1988)).
cited Cited as authority (rule) Thompson v. Campbell
D. Minnesota · 1994 · confidence medium
Pinto v. Internationale Set, Inc., 650 F.Supp. 306, 309 (D.Minn.1986); Stock v. Heiner, 696 F.Supp. 1253, 1260 (D.Minn. 1988).
cited Cited as authority (rule) Schibursky v. International Business MacHines Corp.
D. Minnesota · 1993 · confidence medium
Pinto v. Internationale Set, Inc., 650 F.Supp. 306, 309 (D.Minn.1986); Stock v. Heiner, 696 F.Supp. 1253, 1260 (D.Minn. 1988).
discussed Cited as authority (rule) Kanengiser v. Kanengiser
N.J. Super. Ct. App. Div. · 1991 · confidence medium
It is equally well established legal practice to communicate promptly with a potential adversary, setting out the claims made upon him, urging settlement, and warning of the alternative of judicial action. [Defendant's] letter is a typical example of such a missive. [ 131 Cal. Rptr. at 594 ; citations omitted] Accord Jones v. RCA Music Service, 530 F. Supp. 767, 768 (E.D.Pa. 1982); Pinto v. Internationale Set, 650 F. Supp. 306, 308-309 (D.Minn. 1986); and Asia Investment Co. v. Borowski, 133 Cal. App. 3d 832 , 184 Cal. Rptr. 317, 324 (1982).
discussed Cited as authority (rule) General Electric Company v. Sargent & Lundy
6th Cir. · 1990 · confidence medium
Among the federal courts, see McLean v. International Harvester Co., 817 F.2d 1214, 1220 (5th Cir.1987); Hagendorf v. Brown, 699 F.2d 478, 480 , modified, 707 F.2d 1018 (9th Cir.1983); Sriberg v. Raymond, 544 F.2d 15, 16 (1st Cir.1976); Brown v. Collins, 402 F.2d 209, 212-13 (D.C.Cir.1968); Johnston v. Cartwright, 355 F.2d 32, 36-38 (8th Cir.1966); Pinto v. Internationale Set, Inc., 650 F.Supp. 306, 308 (D.Minn.1986); Jones v. RCA Music Service, 530 F.Supp. 767, 768 (E.D.Penn.1982); Barnes v. Avis, 466 F.Supp. 907, 909 (D.D.C.1979) 4 The district court and General Electric argue that even if t…
discussed Cited as authority (rule) General Electric Co. v. Sargent & Lundy
6th Cir. · 1990 · confidence medium
Among the federal courts, see McLean v. International Harvester Co., 817 F.2d 1214, 1220 (5th Cir.1987); Hagendorf v. Brown, 699 F.2d 478, 480 , modified, 707 F.2d 1018 (9th Cir.1983); Sriberg v. Raymond, 544 F.2d 15, 16 (1st Cir.1976); Brown v. Collins, 402 F.2d 209, 212-13 (D.C.Cir.1968); Johnston v. Cartwright, 355 F.2d 32, 36-38 (8th Cir.1966); Pinto v. Internationale Set, Inc., 650 F.Supp. 306, 308 (D.Minn.1986); Jones v. RCA Music Service, 530 F.Supp. 767, 768 (E.D.Penn.1982); Barnes v. Avis, 466 F.Supp. 907, 909 (D.D.C.1979). .
discussed Cited as authority (rule) McGaa v. Glumack
Minn. Ct. App. · 1989 · confidence medium
In Minnesota, one “cannot elude the absolute privilege by relabeling a claim that sounds in defamation.” Pinto v. Internationale Set, Inc., 650 F.Supp. 306, 309 (D.
cited Cited as authority (rule) Stock v. Heiner
D. Minnesota · 1988 · confidence medium
Asay v. Hallmark Cards, Inc., 594 F.2d 692, 698-99 (8th Cir.1979); Pinto v. Internationale Set, Inc., 650 F.Supp. 306, 309 (D.Minn.1986).
cited Cited "see" Begley v. Ireson
Colo. Ct. App. · 2017 · signal: see · confidence high
See Pinto v. Internationale Set, Inc., 650 F.Supp. 306, 308-09 (D.
cited Cited "see, e.g." Gurman v. Metro Housing & Redevelopment Authority
D. Minnesota · 2011 · signal: see, e.g. · confidence medium
See, e.g., Pinto v. Internationale Set, Inc., 650 F.Supp. 306, 309 (D.Minn.1986) (“A claim for defamation must be pleaded with specificity.
discussed Cited "see, e.g." MSK EyEs Ltd. v. Wells Fargo Bank, National Ass'n
8th Cir. · 2008 · signal: see, e.g. · confidence medium
“Absolute privilege also bars claims sounding in defamation— that is claims where the injury stemmed from and grew out of the defamation.” Id.; see, e.g., Pinto v. Internationale Set Inc., 650 F.Supp. 306, 309 (D.Minn.1986) (“[I]n Minnesota, a plaintiff cannot elude the absolute privilege by relabeling a claim that sounds in defamation.”) Appellants’ claims for tortious interference with prospective economic advantage fail for the same reasons their defamation claims fail.
cited Cited "see, e.g." Waterloov Gutter Protection System Co. v. Absolute Gutter Protection, L.L.C.
D.N.J. · 1999 · signal: see, e.g. · confidence medium
See, e.g., Pinto v. Internationale Set, 650 F.Supp. 306, 308-09 (D.Minn.1986) (Minnesota law); Lerette v. Dean Witter Organization, Inc., 60 Cal. App.3d 573 , 131 Cal.Rptr. 592, 594-95 (1976).
discussed Cited "see, e.g." McBride v. Pizza Hut, Inc.
D.C. · 1995 · signal: see also · confidence low
See also Pinto v. Internationale Set, Inc., 650 F.Supp. 306 (D.Minn.1986) (letter in which attorney informed salesmen’s new employer that "litigation for huge compensatory and punitive damages will certainly be instituted against the appropriate parties for fraud and misrepresentation” attributable to salesmen’s change of employment was absolutely privileged as "preliminary to a proposed judicial proceeding”); Sriberg v. Raymond, 370 Mass. 105 , 345 N.E.2d 882 (1976) (attorney’s letter to prospective defendant that contained allegedly libelous matter and indicated that “suit would …
Retrieving the full opinion text from the archive…
Irving PINTO, Barry Gussoff, and Charles Polin, Plaintiffs,
v.
INTERNATIONALE SET, INC., Defendant
Civil 4-86-60.
District Court, D. Minnesota.
Aug 20, 1986.
650 F. Supp. 306
1986 U.S. Dist. LEXIS 21354
Frank R. Berman, Scott G. Harris, James E. Kelly, Minneapolis, Minn., appeared on behalf of plaintiffs., Gregory C. Brown, Leonard, Street & Deinard, George F. McGunnigle, Jr., Minneapolis, Minn., (Arthur B. Kalnit, Woodland Hills, Cal., of counsel), for defendant.
Diana E. Murphy.
Cited by 32 opinions  |  Published

MEMORANDUM OPINION AND ORDER

DIANA E. MURPHY, District Judge.

Plaintiffs Irving Pinto, Barry Gussoff, and Charles Polin brought this action for damages against their former employer, Internationale Set, alleging intentional interference with business and contractual relationships, defamation, and “trade libel.” Jurisdiction is based upon diversity of citizenship. The matter is now before this court on defendant’s motions for judgment on the pleadings or transfer to the United States District Court for the Central District of California.

Background

Plaintiffs were sales representatives for defendant, a California-based importer and wholesalers of women’s clothing. Pinto lives in Minnesota and sold defendant’s products there and in surrounding states. Gusoff’s territory included his home state of Georgia and several surrounding states. Polin, a Pennsylvania resident, sold defendant’s goods in the mid-Atlantic region. Each plaintiff also marketed other merchandise. In early December 1985, plaintiffs resigned their position with Internationale Set, effective January 1, 1986. Shortly after their resignations, they began working for defendant’s competitor, Beeba’s Creations, Inc., which is also based in California.

On January 2, 1986, defendant’s counsel, Arthur Kalnit sent a letter to plaintiffs and Beeba’s president Arjun Waney. The letter began “You are hereby advised that ... litigation for huge compensatory and punitive damages will shortly be instituted against the appropriate parties for fraud and misrepresentation as well as for various forms of unfair competition and conspiracy arising out of the following acts and misconduct____” Kalnit went on to assert that Waney and plaintiffs had re[*308] peatedly told Internationale Set officers they would not enter into any agreement to compete with Internationale Set’s knit wear lines. He accused plaintiffs of “abrupt and conspiratorial termination” of their relationships with Internationale Set and a variety of misrepresentations, use of trade secrets, interference with contract, and other misdeeds. He “cautioned [plaintiffs] not to engage in any similar future misconduct as this [would] only add to [the] enormous damages.”

Shortly after receiving Kalnit’s letter, plaintiffs brought this action. They allege that the letter defamed them and interfered with their advantageous business and contractual relationships with each other and with Beeba’s. They also assert that defendant is guilty of trade libel because it has made false statements to various of plaintiff’s customers, suggesting that plaintiffs fail to provide service to their accounts and deny the customers “mark downs.” On March 18, 1986, defendant filed an eight-count complaint in California Superior Court; it seeks compensatory and punitive damages and injunctive relief.

Discussion

Defendants have moved for judgment on the pleadings on the first two counts of the complaint. The court may grant such a Fed.R.Civ.P. 12(c) motion only “where the movant clearly establishes that no material issue of fact remains to be resolved and he is entitled to judgment as a matter of law.” Iowa Beef Processors, Inc. v. Amalgamated Meat Cutters and Butcher Workmen, 627 F.2d 853, 855 (8th Cir.1980). The court must “construe all well pleaded factual allegations of the non-moving party as true, and ... draw in favor of that party all reasonable inferences from the facts.” Id. (citation omitted).

Defendant is entitled to judgment on plaintiffs’ libel claim because the publication of the letter was absolutely privileged under both Minnesota and California law. [1] A publication made in any judicial proceeding is absolutely privileged. Cal. Civ.Code § 47(2); Matthis v. Kennedy, 243 Minn. 219, 67 N.W.2d 413 (1954). This “privilege to defame in the course of judicial proceedings is not limited to statements during trial, but can extend ... to steps taken prior thereto.” Lerette v. Dean Witter Organization, Inc., 60 Cal.App.3d 573, 131 Cal.Rptr. 592, 594-95 (1976). See also Matthis v. Kennedy, 67 N.W.2d at 419 (“An attorney at law is absolutely privileged to publish false and defamatory matter of another in communications preliminary to a proposed judicial proceeding ... if it has some relation thereto.”) (quoting Restatement of Torts § 586 (1938)); Restatement (Second) of Torts § 586 (1977) (same) and § 587 (“A party to a private litigation ... is absolutely privileged to publish defamatory matter concerning another in communications preliminary to a proposed judicial proceeding ... if the matter has some relation to the proceeding.”) The fact that the attorney or party files suit does not, of course, cure all previous defamation. See, e.g., Lerette, 131 Cal.Rptr. at 595 n. 6.

The communication must also have “some connection or logical relation to the action,” be “made to achieve the objects of the litigation,” and “involve litigants or other participants authorized by law.” Hagendorf v. Brown, 699 F.2d 478, 479 (applying California law), modified, 707 F.2d 1018 (9th Cir.1983) (privilege “does not apply to communication that facially excee[d] any legitimate purpose”). Malice does not bar the assertion of the privilege. See Hagendorf, 699 F.2d at 480; Matthis, 67 N.W.2d at 418. Whether the communication is relevant and therefore privileged is a question of law. Matthis v. Kennedy, 67 N.W.2d at 418.

There is no question that Kalnit’s letter meets the test for absolute immunity: it was written in anticipation of the March[*309] 1986 litigation, it concerns the claims made in that litigation, it seeks to dissuade plaintiffs from further engaging in the alleged activities which gave rise to the litigation, and it was directed to plaintiffs and their new employer on defendant’s behalf.

The same absolute privilege entitles defendant to judgment on plaintiffs’ claim for intentional interference with contractual and business relations, which is based entirely upon the privilege letter. In California, the privilege “applies to any type of injury resulting from publications within the protected proceeding,____however la-belled and whatever the theory of liability____” Rosenthal v. Irell & Manella, 135 Cal.App.3d 121, 185 Cal.Rptr. 92 (1982) (dismissing claim of intentional interference with contractual relations; see also Ribas v. Clark, 38 Cal.3d 355, 212 Cal.Rptr. 143, 149, 696 P.2d 637, 643 (1985) (statutory privilege “applies to virtually all other causes of action, with the exception of actions for malicious prosecution”). Similarly, in Minnesota, a plaintiff cannot elude the absolute privilege by relabeling a claim that sounds in defamation. See, e.g., Freier v. Independent School District No. 197, 356 N.W.2d 724, 733 (Minn.App.1984) (where defamation and infliction of emotional distress were “merely two different labels for the same alleged tort ... the doctrine of absolute privilege applies with equal force to both claims”). C.f. Wild v. Rarig, 302 Minn. 419, 234 N.W.2d 775, 793 (1975) (where plaintiff asserted claims of defamation and interference with business relationship stemming from the same defamation, both actions were governed by the shorter statute of limitations for defamation), cer t. denied, 425 U.S. 945, 96 S.Ct. 1689, 48 L.Ed.2d 190 (1976).

Defendant seeks dismissal of plaintiffs’ third claim for failure to plead libel with the requisite specificity. Plaintiffs allege “trade libel,” but the facts they assert do not state a claim for trade libel. Under the laws of both Minnesota and California, trade libel is a statement disparaging “land, chattels, or intangible things.” Surgidev Corp. v. Eye Technology Inc., 625 F.Supp. 800, 806-07 (D.Minn.1986) (applying Minnesota law); Barnes-Hind, Inc. v. Superior Court, 181 Cal.App.3d 377, 226 Cal.Rptr. 354, 356 (1986). Plaintiffs do not allege that defendant has libeled their products, but that it has defamed their reputations as business people. This is not trade libel, but slander. See, e.g., Surgidev, 625 F.Supp. at 806-07; Barnes-Hind, 226 Cal. Rptr. at 356. A claim for defamation must be pleaded with specificity. E.g. Asay v. Hallmark Cards, 594 F.2d 692, 698-99 (8th Cir.1979). Plaintiffs have failed to allege who made the allegedly libelous statements, to whom they were made, and where. It is not even clear whether Gusoff and Polin assert that they have been libeled; the only incidents identified involve Pinto’s relationship with Minnesota businesses. Given an opportunity to replead a claim for common law libel based on evidence other than the privileged letter, plaintiffs might be able to state a claim which would survive a Rule 12(b)(6) motion. This is the only count left in their suit, however, and defendant has made a strong case for transfer to California. [2] Under the[*310] circumstances, it is best to dismiss this claim without prejudice and permit plaintiffs to bring their claim, if it is viable, as a counterclaim to the suit pending in California.

ORDER

Accordingly, based upon the above and all the files, records, and proceedings herein,

IT IS HEREBY ORDERED THAT:

1. Defendant’s motion for judgment on the pleadings on counts one and two of the complaint is granted and those claims are dismissed.

2. Defendant’s motion to dismiss count . three of the complaint is granted and that claim is dismissed without prejudice.

3. Defendant’s motion to transfer this action is denied as moot.

1

. Plaintiffs argue that Minnesota law governs this case, while defendants urge the application of California law. Where the laws of both states would require the same result, however, there is no conflict of laws, and the court need not determine which state's law should govern. See Milkovich v. Saari, 295 Minn. 155, 203 N.W.2d 408 (1973).

2

. "For the convenience of the parties and witnesses, in the interest of justice, a district court may transfer a civil action to any other district or division where it might have been brought.” 28 U.S.C. § 1404(a). This action could have been brought in the Central District of California, defendant's principal place of business. 28 U.S.C. § 1391(a). The convenience of the parties does not weigh heavily in either direction: a California forum would be relatively inconvenient for plaintiff Pinto, and a Minnesota forum would be relatively inconvenient for defendant. Plaintiffs Gussoff and Polin do not reside in or near either possible forum; but their current relationship with Beeba’s may provide them and Pinto with continuing ties to California. The convenience of the non-party witnesses also is not determinative. The interests of justice, however, favor transfer. All of the parties have substantial connections to the Central District of California; Gussoff and Polin have suggested absolutely no contacts with Minnesota. The dispute that gives rise to this litigation is centered in California, where both Internationale Set and Beeba’s are based. Defendant’s closely related suit is pending in California, and the interest of justice favors consolidation of a dispute in a single forum. In re Nine Mile, Ltd., 692 F.2d 56, 60 (8th Cir.1982). Where both forums are appropriate, the cases should gener[*310] ally be heard in the forum of the first-filed case, but here other factors, including the questionable viability of plaintiffs’ claim for slander, favor transfer.