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10 ii 12 13 14 LS 16 Lo 18 i9 20 21 22 23 24 25 Case 1:15-cv-07433-LAP Document 1325-18 Filed 01/04/24 Page 13 of 23 ta GLETGIUA We also have the McNamee v. Clemens case which you may be familiar with. It's another New York case involving Roger Clemens where he had been alleged to have engaged in steroid use. His trainer stated that publicly. He came forward and called his trainer a liar publicly, and the court found that that statement that he is a liar was actionable defamation that survived the motion to dismiss, because publicly proclaiming someone a liar is actionable defamation. It is not mere denial, it is actionable defamation. So those are the cases I would like to direct the Court's attention to. Again, on page 10 of our opposition we have a litany of cases that deal with the issue of calling someone a liar and that being actionable defamation. She also —— the prelitigation privilege, and that is a privilege addressed in your Block v. First Blood case. That privilege is intended to protect communications between parties, typically attorneys, in advance of litigation in order for them to narrow the scope of the litigation or to negotiate a resolution in advance of litigation. That prelitigation privilege does not cover public statements by Ms. Maxwell's hired press agent that are given to the national and international media for the purposes of defaming my client, calling her allegations of sexual abuse untruths and calling them, quote, obvious lies. So that prelitigation privilege does not apply. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300