Derek A.

Steenson, Attorney at Law

By Derek A. Steenson, Esquire
Attorney I.D. No. 310011
Two Penn Center, #1050
Philadelphia, PA 19102
(215) 253-8658
HOWARD RUBIN,
3740 Germantown Ave..
Philadelphia, PA 19140

Plaintiff,
v.
CBS BROADCASTING INC.,
doing business as CBS 3
1555 Hamilton Street
Philadelphia, PA 19130
and

CHRIS MAY
CBS 3
1555 Hamilton Street
Philadelphia, PA 19130

Defendants

Filed and Attested by

PROTHONOTARY
Attorney for Plaintiff

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NOTICE OF SUIT

14 NOV 2014 12:50 pm

J. OSTROWSKI

COURT OF COMMON PLEAS

PHILADELPHIA COUNTY
Civil Division
November Term, 2014
No.
JURY TRIAL DEMANDED

NOTICE
AVISO
You have been sued in court. If you wish to defend against the claims set Le han demandado a usted en la corte. Si usted qulere defenderse de
forth in the following pages, you must take action within twenty (20)
estas demandas expuestas en las paginas siguientes, usted tiene veinte
days after this complaint and notice are served, by entering a written
(20) dias de plazo al partir de la fecha de la demana y la notification.
appearance personally or by attorney and filing in writing with the court Hace falta asentar una comparencia escrita o en persona o con un
your defenses or objections to the claims set forth against you. You are abogado y entragar a la corte en forma escrita sus defensas o sus
warned that if you fail to do so the case may proceed without you and a objeciones a las demandas en contra de su persona. Sea avisado que si
judgment may be entered against you by the court without further notice usted no se defiende, la corte tomara medidas y puede continuar la
for any money claimed in the complaint or for any other claim or relief demanda en contra suya sin previo aviso o notificacion. Ademas, la
requested by the plaintiff. You may lose money or property or other
corte suede decider a favor del demandante y require que usted cumpla
rights important to you. You should take this paper to your lawyer at
con todas las provisiones de esta demanda. Usted purde perer dinero o
once. If you do not have a lawyer or cannot afford one, go to or
sus propiedades u otros derechos importantes para usted. Lleva esta
telephone the office set forth below to find out where you can get legal demanda a un abogado immediatamente. Si no tiene abogado o si no
help. This office can provide you with information about hiring a lawyer. tiene el dinero sufficiente de pagar tal servicio. Vaya en persona o llame
If you cannot afford to hire a lawyer, this office may be able to provide por telefono a la oficina cuya direccion se encuentra escrita abajo para
you with information about agencies that may offer legal services to
averiguar donde se suede conseguir asistencia legal.
eligible persons at a reduced fee or no fee.
Asociacion de Licenciados
Philadelphia Bar Association
De Filadelfia
Lawyer Referral
Servicio de Referencia e
and Information Service
Informacion Legal
One Reading Center
One Reading Center
Philadelphia, Pennsylvania 19107
Filadelfia, Pennsylvania 19107
(215) 238-1701
(215) 238-1701

Case ID: 141101515

Derek A. Steenson, Attorney at Law

By Derek A. Steenson, Esquire
Attorney I.D. No. 310011
Two Penn Center, #1050
Philadelphia, PA 19102
(215) 253-8658
HOWARD RUBIN,

Attorney for Plaintiff

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3740 Germantown Ave..

Philadelphia, PA 19140

COURT OF COMMON PLEAS

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Plaintiff,
v.
CBS BROADCASTING INC.,
doing business as CBS 3
1555 Hamilton Street
Philadelphia, PA 19130
and

CHRIS MAY
CBS 3
1555 Hamilton Street
Philadelphia, PA 19130

Defendants

PHILADELPHIA COUNTY
Civil Division
November Term, 2014
No.
JURY TRIAL DEMANDED

COMPLAINT
(Libel and Slander 2L)
1.

This Court has jurisdiction over the defendants pursuant to 42 Pa.C.S. 5301 et seq.

2.

The defendants and their respective agents and employees conduct continuous and systematic

business within the Commonwealth of Pennsylvania.

3.

The defendants have caused harm and tortious injury by publishing defamatory statements in

the City and County of Philadelphia in the Commonwealth of Pennsylvania.

4.

Venue is proper in this Court under Pennsylvania Rules of Civil Procedure 1006(a) and (c) and

2179.
5.

The defendants conduct continuous and systematic business within Philadelphia County.

6.

The dissemination and publication of false and defamatory statements regarding plaintiff

Case ID: 141101515

occurred in the City and County of Philadelphia.

7.

The harm resulting to plaintiff arose in the City and County of Philadelphia.

8.

Plaintiff is an adult individual residing as per the above caption.

9.

Defendant CBS Broadcasting Inc. is a Delaware corporation with its corporate and national

headquarters in New York.

10.

Defendant CBS Broadcasting Inc. owns and operates Philadelphia television station CBS 3.

11.

CBS 3 has a principal business address of 1555 Hamilton Street, Philadelphia, PA 19130.

12.

Under fundamental precepts of agency law, defendant CBS Broadcasting Inc. is liable for the

tortious and defamatory actions of its employees committed during the course of and within the scope
of their employment.
13.

Defendant Chris May was at all times relevant hereto an employee of defendant CBS

Broadcasting Inc.
14.

Defendant Chris May was at all times relevant hereto acting during the course and within the

scope of his employment by defendant CBS Broadcasting Inc.

15.

On or about September 29th, 2014 defendant Chris May uttered the following false and

defamatory statement on Defendant CBS Broadcasting Inc.'s 6:00pm CBS 3 newscast, a police
supervisor at a Philadelphia charter school is fired over allegations of child sexual abuse. Howard
Rubin is the suspect. He is accused in the sexual abuse of an underage male student. Rubin worked at
the Multi-Cultural Charter School on North Broad Street.
16.

During the aforesaid false and defamatory statement defendant CBS Broadcasting Inc. caused a

photograph of plaintiff, labeled underneath with his name, Howard Rubin, and labeled on top of the
photograph with the word Suspect, to appear on the television screen.
17.

On September 30, 2014, defendant CBS Broadcasting Inc. admitted that the aforementioned

false and defamatory statement was false.

18.

Defendant CBS Broadcasting Inc. caused the aforementioned false and defamatory statement to

Case ID: 141101515

be published again on its website, http://philadelphia.cbslocal.com, for at least three days after the
aforementioned false and defamatory statement was run on television.
19.

Defendant CBS Broadcasting Inc. continued to allow the aforementioned false and defamatory

statement to be published on its website at least two days after defendant CBS Broadcasting Inc. had
acknowledged that the aforementioned false and defamatory statement was false.
Count I Defamation Actual Malice
Plaintiff Howard Rubin v. Defendant CBS Broadcasting Inc.
20.

Plaintiff incorporates all previous paragraphs as if more fully stated herein.

21.

Countless viewers of the aforementioned false and defamatory statement reasonably believed

and understood that plaintiff Howard Rubin was a suspect regarding allegations that he sexually abused
a minor male student.
22.

Countless viewers of the aforementioned false and defamatory statement reasonably believed

and understood that plaintiff Howard Rubin was fired from his job because he sexually abused a minor
male student.
23.

Countless viewers of the aforementioned false and defamatory statement reasonably believed

and understood that plaintiff Howard Rubin was being investigated by the police as a suspected sexual
abuser of a minor male student.
24.

Countless viewers of the aforementioned false and defamatory statement reasonably believed

and understood that plaintiff Howard Rubin had committed sex crimes against a minor male student.
25.

The aforementioned false and defamatory statement imputed to plaintiff Howard Rubin

criminal conduct and serious sexual misconduct, which charges are defamatory as a matter of law.
26.

By falsely asserting and imputing that plaintiff had been fired from his position at the Multi-

Cultural Academy amid allegations of criminal sexual abuse of a minor male student, defendant CBS
Broadcasting Inc. published statements that defendant CBS Broadcasting Inc. knew to be false, or that
defendant CBS Broadcasting Inc. published in reckless disregard of their falsity.

Case ID: 141101515

27.

As a proximate result of the aforementioned false and defamatory statement being published by

defendant CBS Broadcasting Inc., made in reckless disregard of or with actual knowledge of its falsity,
plaintiff Howard Rubin has sustained harm to his reputation and loss of standing in the community.
28.

The aforementioned false and defamatory statement was in no way privileged as a fair or

accurate report of any official action or statement.

29.

The aforementioned false and defamatory statement was reckless, outrageous, willful, and

malicious, warranting the imposition of punitive damages to punish defendant CBS Broadcasting Inc.
for its malicious broadcast and to deter the future repetition of such media misconduct.
WHEREFORE, plaintiff Howard Rubin demands judgment in his favor and against the
defendant, CBS Broadcasting Inc., in an amount in excess of Fifty Thousand Dollars ($50,000) in
compensatory damages and punitive damages, with lawful interest thereon, and costs of suit and brings
this action to recover same.
Count II - Defamation Negligence
Plaintiff Howard Rubin v. Defendant CBS Broadcasting Inc.
30.

Plaintiff incorporates all previous paragraphs as if more fully stated herein.

31.

Countless viewers of the aforementioned false and defamatory statement reasonably believed

and understood that plaintiff Howard Rubin was a suspect regarding allegations that he sexually abused
a minor male student.
32.

Countless viewers of the aforementioned false and defamatory statement reasonably believed

and understood that plaintiff Howard Rubin was fired from his job because he sexually abused a minor
male student.
33.

Countless viewers of the aforementioned false and defamatory statement reasonably believed

and understood that plaintiff Howard Rubin was being investigated by the police as a suspected sexual
abuser of a minor male student.
34.

Countless viewers of the aforementioned false and defamatory statement reasonably believed

Case ID: 141101515

and understood that plaintiff Howard Rubin had committed sex crimes against a minor male student.
35.

The aforementioned false and defamatory statement imputed to plaintiff Howard Rubin

criminal conduct and serious sexual misconduct, which charges are defamatory as a matter of law.
36.

By falsely asserting and imputing that plaintiff had been fired from his position at the Multi-

Cultural Academy amid allegations of criminal sexual abuse of a minor male student, defendant CBS
Broadcasting Inc. proceeded in grossly negligent fashion in disregarding information in their
possession establishing that their imputation of criminal and serious sexual misconduct was false.
37.

As a proximate result of the aforementioned false and defamatory statement being published by

defendant CBS Broadcasting Inc., made in reckless disregard of or with actual knowledge of its falsity,
plaintiff Howard Rubin has sustained harm to his reputation and loss of standing in the community.
38.

The aforementioned false and defamatory statement was in no way privileged as a fair or

accurate report of any official action or statement.

39.

The aforementioned false and defamatory statement was reckless, outrageous, willful, and

malicious, warranting the imposition of punitive damages to punish defendant CBS Broadcasting Inc.
for its malicious broadcast and to deter the future repetition of such media misconduct.
WHEREFORE, plaintiff Howard Rubin demands judgment in his favor and against the
defendant, CBS Broadcasting Inc., in an amount in excess of Fifty Thousand Dollars ($50,000) in
compensatory damages and punitive damages, with lawful interest thereon, and costs of suit and brings
this action to recover same.
Count III - Invasion of Privacy False Light
Plaintiff Howard Rubin v. Defendant CBS Broadcasting Inc.
40.

Plaintiff hereby incorporates the previous paragraphs as if more fully stated herein.

41.

Defendant CBS Broadcasting Inc.'s broadcast of the aforementioned false and defamatory

statement negligently, recklessly, and/or maliciously identified plaintiff Howard Rubin as a suspected
sexual abuser of a minor male student, thus casting plaintiff Howard Rubin in a false light highly

Case ID: 141101515

offensive to a reasonable person, and particularly offensive and damaging to plaintiff Howard Rubin.
42.

Viewers of the CBS Broadcasting Inc. broadcast of the aforementioned false and defamatory

statement reasonably believed and understood that plaintiff Howard Rubin was being investigated for
criminal sexual abuse of a minor male student.
43.

As a proximate result of the aforementioned false, defamatory, and invasive broadcast, plaintiff

Howard Rubin has sustained harm to his interest in privacy, reputational harm, and loss of standing in
the community.
44.

By falsely asserting that plaintiff Howard Rubin was being investigated for criminal sexual

abuse of a minor male student defendant CBS Broadcasting, Inc. proceeded in reckless disregard of the
fact that the aforesaid false, defamatory, and invasive broadcast was false, and/or with actual
knowledge that the imputation of criminal and deviant sexual conduct perpetrated on a minor male
student was false.
45.

The aforementioned false, defamatory, and invasive broadcast was in no way privileged as a

fair or accurate report of any official action or statement.

46.

The aforementioned false, defamatory, and invasive broadcast was reckless, outrageous, willful,

and malicious, warranting the imposition of punitive damages to punish defendant CBS Broadcasting
Inc. for its malicious broadcast and to deter future repetition of such media misconduct.
WHEREFORE, plaintiff Howard Rubin demands judgment in his favor and against the
defendant, CBS Broadcasting Inc., in an amount in excess of Fifty Thousand Dollars ($50,000) in
compensatory damages and punitive damages, with lawful interest thereon, and costs of suit and brings
this action to recover same.
Count IV - Actual Malice
Plaintiff Howard Rubin v. Defendant Chris May
47.

Plaintiff incorporates all previous paragraphs as if more fully stated herein.

48.

Countless viewers of the aforementioned false and defamatory statement reasonably believed

Case ID: 141101515

and understood that plaintiff Howard Rubin was a suspect regarding allegations that he sexually abused
a minor male student.
49.

Countless viewers of the aforementioned false and defamatory statement reasonably believed

and understood that plaintiff Howard Rubin was fired from his job because he sexually abused a minor
male student.
50.

Countless viewers of the aforementioned false and defamatory statement reasonably believed

and understood that plaintiff Howard Rubin was being investigated by the police as a suspected sexual
abuser of a minor male student.
51.

Countless viewers of the aforementioned false and defamatory statement reasonably believed

and understood that plaintiff Howard Rubin had committed sex crimes against a minor male student.
52.

The aforementioned false and defamatory statement imputed to plaintiff Howard Rubin

criminal conduct and serious sexual misconduct, which charges are defamatory as a matter of law.
53.

By falsely asserting and imputing that plaintiff had been fired from his position at the Multi-

Cultural Academy amid allegations of criminal sexual abuse of a minor male student, defendant Chris
May published statements that defendant Chris May knew to be false, or that defendant Chris May
published in reckless disregard of their falsity.
54.

As a proximate result of the aforementioned false and defamatory statement being published by

defendant Chris May made in reckless disregard of or with actual knowledge of its falsity, plaintiff
Howard Rubin has sustained harm to his reputation and loss of standing in the community.
55.

The aforementioned false and defamatory statement was in no way privileged as a fair or

accurate report of any official action or statement.

56.

The aforementioned false and defamatory statement was reckless, outrageous, willful, and

malicious, warranting the imposition of punitive damages to punish defendant Chris May for his
malicious broadcast and to deter the future repetition of such media misconduct.
WHEREFORE, plaintiff Howard Rubin demands judgment in his favor and against the

Case ID: 141101515

defendant, Chris May, in an amount in excess of Fifty Thousand Dollars ($50,000) in compensatory
damages and punitive damages, with lawful interest thereon, and costs of suit and brings this action to
recover same.
County V Negligence
Plaintiff Howard Rubin v. Defendant Chris May
57.

Plaintiff incorporates all previous paragraphs as if more fully stated herein.

58.

Countless viewers of the aforementioned false and defamatory statement reasonably believed

and understood that plaintiff Howard Rubin was a suspect regarding allegations that he sexually abused
a minor male student.
59.

Countless viewers of the aforementioned false and defamatory statement reasonably believed

and understood that plaintiff Howard Rubin was fired from his job because he sexually abused a minor
male student.
60.

Countless viewers of the aforementioned false and defamatory statement reasonably believed

and understood that plaintiff Howard Rubin was being investigated by the police as a suspected sexual
abuser of a minor male student.
61.

Countless viewers of the aforementioned false and defamatory statement reasonably believed

and understood that plaintiff Howard Rubin had committed sex crimes against a minor male student.
62.

The aforementioned false and defamatory statement imputed to plaintiff Howard Rubin

criminal conduct and serious sexual misconduct, which charges are defamatory as a matter of law.
63.

By falsely asserting and imputing that plaintiff had been fired from his position at the Multi-

Cultural Academy amid allegations of criminal sexual abuse of a minor male student, defendant Chris
May proceeded in grossly negligent fashion in disregarding information in his possession establishing
that his imputation of criminal and serious sexual misconduct was false.
64.

As a proximate result of the aforementioned false and defamatory statement being published by

defendant Chris May, made in reckless disregard of or with actual knowledge of its falsity, plaintiff

Case ID: 141101515

Howard Rubin has sustained harm to his reputation and loss of standing in the community.
65.

The aforementioned false and defamatory statement was in no way privileged as a fair or

accurate report of any official action or statement.

66.

The aforementioned false and defamatory statement was reckless, outrageous, willful, and

malicious, warranting the imposition of punitive damages to punish defendant Chris May for his
malicious broadcast and to deter the future repetition of such media misconduct.
WHEREFORE, plaintiff Howard Rubin demands judgment in his favor and against the
defendant, Chris May, in an amount in excess of Fifty Thousand Dollars ($50,000) in compensatory
damages and punitive damages, with lawful interest thereon, and costs of suit and brings this action to
recover same.
Count VI Invasion of Privacy False Light
Plaintiff Howard Rubin v. Defendant Chris May
67.

Plaintiff hereby incorporates the previous paragraphs as if more fully stated herein.

68.

Defendant Chris May's publication of the aforementioned false and defamatory statement

negligently, recklessly, and/or maliciously identified plaintiff Howard Rubin as a suspected sexual
abuser of a minor male student, thus casting plaintiff Howard Rubin in a false light highly offensive to
a reasonable person, and particularly offensive and damaging to plaintiff Howard Rubin.
69.

Viewers of the aforementioned broadcast of the aforementioned false and defamatory statement

reasonably believed and understood that plaintiff Howard Rubin was being investigated for criminal
sexual abuse of a minor male student.
70.

As a proximate result of the aforementioned false, defamatory, and invasive broadcast, plaintiff

Howard Rubin has sustained harm to his interest in privacy, reputational harm, and loss of standing in
the community.
71.

By falsely asserting that plaintiff Howard Rubin was being investigated for criminal sexual

abuse of a minor male student, defendant Chris May proceeded in reckless disregard of the fact that the

Case ID: 141101515

aforesaid false, defamatory, and invasive broadcast was false, and/or with actual knowledge that the
imputation of criminal and deviant sexual conduct perpetrated on a minor male student was false.
72.

The aforementioned false, defamatory, and invasive broadcast was in no way privileged as a

fair or accurate report of any official action or statement.

73.

The aforementioned false, defamatory, and invasive broadcast was reckless, outrageous, willful,

and malicious, warranting the imposition of punitive damages to punish defendant Chris May for his
malicious broadcast and to deter future repetition of such media misconduct.
WHEREFORE, plaintiff Howard Rubin demands judgment in his favor and against the
defendant, Chris May, in an amount in excess of Fifty Thousand Dollars ($50,000) in compensatory
damages and punitive damages, with lawful interest thereon, and costs of suit and brings this action to
recover same.

Derek A. Steenson Attorney at Law

BY:

__________/S/___________
Derek A. Steenson, Esquire
Attorney for Plaintiff

Case ID: 141101515