Moses & Singer Secured a Second Significant Appellate Victory This Year for its Client, The Carsey-Werner Company, LLC (CW), The Producer of The Cosby Show.
Moses & Singer secured a second significant appellate victory this year for its client, The Carsey-Werner Company, LLC (CW), the producer of The Cosby Show. In M.P. v. Cosby, decided October 8, 2026, the Appellate Division, First Department reversed the trial court and dismissed the remaining negligent hiring, retention and supervision (“NHRS”) claim against CW. The plaintiff claimed William Cosby, Jr. drugged and sexually assaulted her. In reversing, the First Department held that the M.P. complaint could not be "meaningfully distinguished" from the one it rejected earlier this year in B.B. v. Cosby. The M.P. Court found that the plaintiff's single "innocuous" visit to the show's studio, and Cosby's use of his status as the star of a CW-produced show to impress her, did not create a strong enough link between his employment and the alleged assaults to make CW liable. The court also confirmed that a celebrity's authority and influence, on their own, are not an employer's "property" or "resources" for this kind of claim. M.P. builds on the firm's January 15, 2026 win in B.B. v. Cosby where a unanimous First Department reversed the denial of CW's motion to dismiss the same type of claim, holding that the alleged assaults were "too attenuated from the employment relationship" to support liability. Kimberly Klein argued both appeals for CW and was assisted by partners David Rabinowitz and Robert McFarlane, and associates Rebecca Zittell Green and Michelle Cho.