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Federal Judge Denies Motion to Compel Arbitration Filed by New York Life in $14 Million Lawsuit By Former Agent

Last week, the United States District Court for the District of New Hampshire denied a motion to compel arbitration filed by New York Life (and two related companies) in a lawsuit filed by Ketler Bossé, a former soliciting agent and district agent for the company. The case will now proceed in court, and the parties will soon begin discovery. Factual Background Mr. Bossé engaged Fojo Law, P.L.L.C. and filed a Complaint in January 2019, asserting various federal and state employment-related claims against New York Life, including claims for discrimination and retaliation under 42 U.S.C. § 1981, conspiracy to interfere with civil rights under 42 U.S.C. § 1985, and breach of contract under 42 U.S.C. § 1981, and various state law claims, including claims for breach of the covenant of good faith and fair dealing, fraud, wrongful termination, tortious interference with economic advantage, violation of New Hampshire’s Consumer Protection Act (RSA 358-A), breach of fiduciary duty, unjust enrichment, quantum meruit, conversion, defamation per quod, and defamation per se. Mr. Bossé alleged that, despite excelling as an agent for New York Life and the many accolades he earned during his 14-year affiliation with the company, New York Life terminated him because he is black and then defamed him and appropriated his clients. He alleged he is owed over $14 million in lost commissions, residual commissions, override commissions, and other compensation and expenses. The Parties’ Arguments New York Life filed a motion to compel arbitration, arguing that, under an employment agreement Mr. Bossé signed in 2004 (which was then terminated in 2005), Mr. Bossé’s claims must be dismissed in favor of arbitration...

10 Things to Know About New Hampshire Defamation Law

New Hampshire defamation law can often be a confusing area to learn about and understand.  People say and write things about other people and topics on a daily basis without so much as thinking about the consequences of stating something that is false.  Despite the rapid flow of information online and in social media, people should often pause and reflect on what they intend to say or publish online to ensure it is fact-based or a true opinion.  To that end, the following list identifies and explains 10 things to know about defamation law in New Hampshire (and elsewhere). Contact us for a FREE consultation! 10 Things to Know About New Hampshire Defamation Law 1) What is Defamation? The term “defamation” refers to any statement that hurts someone’s reputation.  If the statement is in writing, it is known as “libel.”  Statements made on social media fall within this category.  If the statement is spoken, it is known as “slander.”  Defamation is considered a tort, which is a civil wrong.  A person about whom a defamatory statement is made may sue the person who made the statement. 2) How do you prove defamation? To prove defamation, you must demonstrate the following elements: (a) a statement was made; (b) the statement was false; (c) the statement was published to a third party; (d) the statement caused you to suffer damages; and (e) there is no privilege that excuses you from the defamation. Let’s look at each of these elements in more detail. 3) Statement It goes without saying that there must be an actual statement that was spoken or written, or otherwise...