Howard M. Cooper was quoted in a page one article in The Boston Globe concerning a libel lawsuit filed by Las Vegas casino developer Steve Wynn against an unidentified opponent to a proposed casino in Everett, Mass.
Wynn Resorts Ltd. filed a lawsuit in Massachusetts Superior Court alleging that unknown defendants defamed the company by supplying the media with subpoenas related to a separate lawsuit involving the City of Boston and the Massachusetts Gaming Commission.
The subpoenas, according to the libel lawsuit, were intended to spread falsehoods about Wynn Resorts, which holds a state license to construct a $1.7 billion casino in Everett.
Mr. Cooper, who has extensive experience litigating libel and First Amendment cases, told the Globe that he has not seen a libel suit based on subpoena statements. "It's clever," he said of the lawsuit, "but my immediate reaction is it's complicated by the litigation privilege, it's complicated by the right of parties to petition the court and use the legal process."