Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
From Netrebko v. Metropolitan Opera Ass'n Inc., decided Thursday by Judge Analisa Torres (S.D.N.Y.):
In early 2022, the Met fired {Anna Netrebko, a Russian national and former "reigning prima donna" of the [Met]} after [Met general manager Peter] Gelb was dissatisfied with Netrebko's failure to make a public statement following Russia's 2022 invasion of Ukraine….
asserted
Gelb → decide → Ukraine
Prior to 2022, Netrebko was widely reported to be a supporter of Russian President Vladimir Putin.
asserted
Netrebko → report → Putin
On February 25, 2022, after Russia invaded Ukraine, Netrebko stated on Instagram, "These are very sad days and we are deeply concerned for the well-being of all people involved.
asserted
we → invade → people
And so we hope and pray for a swift and peaceful resolution."
asserted
we → hope → resolution
The following day, the Met asked Netrebko to publicly "denounc[e] Putin … using specific language" it had approved.
asserted
it → ask → language
Instead, Netrebko issued her own social media statement that she was against the war, adding, however, that she was also opposed to "forcing artists, or any public figure, to voice their political opinions in public and to denounce their homeland.
asserted
she → issue → homeland
That same day, Netrebko reposted a comment from a third party on her Instagram story characterizing "people from the West" who "pretend to be brave … by putting in trouble artists who asked nothing" as "human shits" and "as evil as blind ag[g]ressors.
asserted
who → reposte → ag[g]ressors
On February 27, 2022, one day after Netrebko's post, the Met publicly stated that it "can no longer engage with artists or institutions that support Putin or are supported by him—not until the invasion and killing has been stopped, order has been restored and restitutions have been made."
asserted
restitutions → state → him
Two days later, on March 1, Netrebko again posted on Instagram, this time saying, "I am opposed to this senseless war of aggression and I am calling on Russia to end this war right now."
asserted
I → post → war
In a phone call on March 2, Gelb told Netrebko to issue a statement specifically denouncing Putin, or she would be fired.
asserted
she → tell → Putin
Netrebko responded that, as a Russian citizen, she "could not make such a statement."
uncertain
she → respond → statement
On March 3, 2022, the Met announced that Netrebko would not perform in the 2021–22 or 2022–23 seasons.
asserted
Netrebko → announce → seasons
About four weeks later, on March 30, Netrebko issued a public statement that she "condemn[s] the war on Ukraine," that her "position is clear," and that she is "not a member of any political party nor [ ] allied with any leader of Russia."
asserted
she → issue → Russia
The Met did not rehire Netrebko.
asserted
Met → rehire → Netrebko
Netrebko sued for, among other things, defamation, and the court dismissed the defamation claim.
uncertain
court → sue → claim
But Netrebko then added claims alleging (among other things) "that after Netrebko filed this lawsuit, the Met 'started a renewed public campaign' in which Gelb defamed Netrebko."
uncertain
Gelb → add → Netrebko
Netrebko's supplemental defamation claim is based on five of Gelb's statements quoted in three [Ukrainian and Austrian] news articles from June to July 2025:
uncertain
claim → base → July
- "I also immediately gave our leading star, Anna Netrebko, the choice of either disavowing Putin and the war, or being fired by the Metropolitan.
asserted
I → give → Metropolitan
She chose, and we fired her.
asserted
we → choose → her
Later on, she announced she was against the war.
asserted
she → announce → war
But she only did this to show that she should be given [a way] back, if not [to] the Metropolitan, [then to] other opera companies.
asserted
she → do → companies
- "Following extensive discussions with Anna Netrebko, our star performer at the time, I dismissed her, as she refused to publicly distance herself from the Russian regime."
asserted
she → follow → regime
- "Her later statement—only a month afterwards—in which she claimed to be against the war was, in my opinion, insincere.
asserted
she → claim → opinion
It was issued only after her dismissal.
asserted
It → issue → dismissal
From a legal perspective, I believe that statement was not genuine.
asserted
statement → believe → perspective
I do not believe she meant it."
asserted
she → believe → it
- "[I]t is important to emphasize that I gave her the opportunity to publicly distance herself from Putin.
asserted
I → emphasize → Putin
She told me she could not.
uncertain
she → tell → me
I believe she had certain conversations with the Kremlin.
asserted
she → believe → Kremlin
As I understand it, she returned to me and said, 'I stand with my country.'"
asserted
I → understand → country
- "In my view, she condemned the war purely out of expediency and only after the Met had fired her.
asserted
Met → condemn → her
I believe there are numerous examples of her sympathy toward Putin and his ideology."
asserted
I → believe → Putin
"Netrebko claims that the statements are false because, inter alia, she 'did disavow the war' in her February and March 2022 posts.
uncertain
she → claim → posts
She further claims that Gelb knew his statements were false when he made them.
uncertain
he → claim → them
For example, she alleges that Gelb 'knew it was false to say that Netrebko had not condemned the war before the Met terminated her' because he reviewed her March 1, 2022 public statement and had characterized it as 'anti-war' and 'denouncing the war.'
asserted
he → allege → war
The court concluded that Netrebko hadn't adequately "specific factual allegations permitting a reasonable inference" that defendants knew the statements were false (or at least were likely false)—that's the so-called "actual malice" requirement imposed on defamation lawsuits brought by public figures such as Netrebko:
asserted
statements → conclude → Netrebko
A complaint must allege "objective facts" from which a Court could infer actual malice—for example, the "the defendant's own actions or statements, the dubious nature of his sources, and the inherent improbability of the story[,] among other circumstantial evidence."
uncertain
Court → allege → evidence
In Statement 1, Gelb states that he gave Netrebko the choice of disavowing both Putin and the war or being fired and that she made her choice.
asserted
she → state → choice
Netrebko argues that Gelb knew this statement was false because he knew that Netrebko could not choose to disavow Putin once her manager told Gelb she was "scared" to make such a statement.
uncertain
she → argue → statement
Nothing in the ASC raises an inference that Gelb believed or strongly considered that Netrebko lacked this choice.
asserted
Netrebko → raise → choice
…and 27 more, not listed.
The Aporia
