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Nielsen Wins Affirmance of Dismissal of Case Brought by New Delhi Television

Paul, Weiss client The Nielsen Company achieved a victory when the Appellate Division, First Department, unanimously affirmed an order of Supreme Court Justice O. Peter Sherwood granting Nielsen's motion to dismiss in its entirety a case brought by New Delhi Television.

New Delhi Television (NDTV), an Indian broadcasting company, alleged that TAM, an Indian TV ratings company partially owned by Nielsen, misused Nielsen's television ratings methodologies to create corrupt and inaccurate TV ratings in India. NDTV alleged these ratings understated its viewers and thus reduced its advertising revenues. NDTV sued Nielsen (but not TAM) for negligence, fraudulent misrepresentation, conspiracy to defraud, breach of oral contract, promissory fraud, promissory estoppel, fraudulent inducement, tortious interference with prospective advantage and prima facie tort.

After Justice Sherwood granted Nielsen's motion to dismiss on the grounds of forum non conveniens, failure to join a necessary party (TAM) and failure to state a claim upon which relief can be granted, NDTV appealed to the First Department, which unanimously affirmed the dismissal. The court agreed that since plaintiff, TAM, key witnesses and evidence are all located in India, all of the underlying events occurred in India and India was not shown to be an inadequate forum, the case properly belongs in India. The First Department also agreed that TAM is a necessary party to this dispute. Finally, the First Department agreed that the negligence claims were properly dismissed for failure to allege a duty.

The Paul, Weiss team included litigation partners Aidan Synnott and Daniel Leffell. Aidan argued the appeal.

November 13, 2013

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