Firm Files Defamation Action on behalf of the Thoroughbred Retirement Foundation Against Executor of the Paul Mellon Estate
January 06, 2012
The Firm filed a lawsuit in New York Supreme Court on behalf of the Thoroughbred Retirement Foundation (the “TRF”) against Frederick A. Terry, Jr., an executor of the Paul Mellon estate and long time attorney at Sullivan & Cromwell. The TRF, a New York charitable corporation, is the oldest and largest organization in the world dedicated to rescuing and providing homes for thoroughbred horses no longer able to compete on the racetrack and that may otherwise be subject to neglect, abuse and slaughter. The TRF is supported and recognized by virtually all major stakeholders in the thoroughbred breeding and racing industry and has historically partnered with leading industry organizations to promote the interests of retired thoroughbred race horses. A small but significant portion of the TRF’s budget is provided by a $7 million endowment created under the will of Paul Mellon, well-known philanthropist, horseman and owner of Kentucky Derby winner, Sea Hero, and other American and European champion thoroughbreds. As part of an effort to take control of the TRF from its current directors and officers, Defendant Terry published a letter falsely accusing the TRF of making misleading financial disclosures and improperly using distributions from the Mellon endowment. Defendant’s false allegations have adversely impacted the TRF’s fundraising efforts. The Complaint alleges claims for libel and slander and seeks both compensatory and punitive damages. [The Thoroughbred Retirement Foundation v. Frederick A. Terry, Jr., Index No. 150012/2012]
A copy of the Complaint is available here.