A Florida judge has ruled to move Linda Fairstein’s defamation suit against Netflix over When They See Us to New York City.
In March, Fairstein, who is portrayed in the limited series by Felicity Huffman, filed a lawsuit saying that she was wrongfully depicted in the show. Fairstein also named Ava DuVernay and writer Attica Locke in the suit. She filed the lawsuit in Florida, where she lives, stating that it was “a legitimate venue because the series was broadcast there.”
“The events depicted in the Series take place almost exclusively in New York,” wrote U.S. District Judge John Badalamenti, as reported by Variety. “Ms. Fairstein’s role in the Series centers on her former career as a prosecutor in New York and her interactions with colleagues in New York. The trials of the Five took place in New York.”
“Regardless of where this lawsuit is heard, we are extraordinarily confident in the merits of our case and the fact that Netflix, Ms. DuVernay and Ms. Locke engaged in defamation and a false and vicious portrayal of Ms. Fairstein,” Fairstein’s attorney said in a statement to Variety.
“Linda Fairstein’s frivolous lawsuit is without merit. We intend to vigorously defend When They See Us and Ava DuVernay and Attica Locke, the incredible team behind the series,” said Netflix in a prior statement.
Last year, a separate lawsuit against DuVernay and Netflix over the use of the Reid technique was thrown out.
Photo: Getty Images/Netflix