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Looks like the late Dick Clark can rest easy, as a New York man’s $11 million lawsuit has been tossed out like junk mail, again.
This time by the U.S. 2nd District Court of Appeals, which on Wednesday ruled against Andres Bryan’s claim that in 1998 he had won millions — using American Family Publishers’
infamous mailers as proof — and was never paid. The U.S. District Court for the Eastern District of New York had earlier dismissed the lawsuit as “frivolous.”
The appeals court wrote that although Mr. Bryan “alleged that he was informed that he was the ‘winner’ and that he had the ‘winning number,’ he appears to be referring only to those mailings, and he does not allege that his number also matched the ‘secretly preselected winning number.’”
The man also alleged that he had a conversation with Dick Clark, “but Clark’s alleged statements — that ‘he’s the one’ and ‘the lady will take care of you’ — were vague, and do not reflect a promise” to Mr. Bryan.
The appeals court went on to say that “in any event, even if Bryan had plausibly alleged the existence of an agreement to pay him $11 million and other necessary elements of a breach-of-contract claim … such a claim would be time-barred.”