Dave Portnoy’s lawsuits span defamation, securities fraud, and labor law, and none of them has ended in a courtroom loss for him on the merits. His highest-profile case, a defamation suit against Business Insider’s parent company over reporting on sexual misconduct allegations, was dismissed by a federal judge in November 2022. A SafeMoon cryptocurrency class action naming him as a promoter was voluntarily dropped the same month. A National Labor Relations Board complaint over anti-union tweets ended in a 2019 settlement with no admission of wrongdoing. A threatened defamation suit from a University of Mississippi student in 2025 has so far moved toward mediation rather than litigation.
The Business Insider Defamation Suit
Portnoy sued Insider Inc. on February 7, 2022, in the U.S. District Court for the District of Massachusetts. He named the company along with CEO Henry Blodget, global editor-in-chief Nicholas Carlson, and reporters Julia Black and Melkorka Licea. The claims were defamation by libel and invasion of privacy.1Axios. Dave Portnoy Withdraws Appeal of Lawsuit Against Insider
The suit followed two Insider articles, one published on November 4, 2021, and a second on February 2, 2022. Together they reported allegations from multiple women describing sexual encounters with Portnoy, including claims that he choked them and filmed them without advance consent.2Business Insider. Barstool Sports Dave Portnoy Sex Choking Violent1Axios. Dave Portnoy Withdraws Appeal of Lawsuit Against Insider Portnoy denied the allegations the day the first article ran, posting videos on Twitter that called the report a “hit piece” and said the encounters were “100 percent consensual.”3NBC News. Barstool Sports Dave Portnoy Denies Sexual Misconduct Allegations
Why the Case Was Dismissed
Chief Judge F. Dennis Saylor IV dismissed the case in full on November 7, 2022. Because Portnoy is a public figure, he had to show “actual malice,” meaning Insider published knowing the reporting was false or with reckless disregard for whether it was. The judge found he did not come close.4Sportico. Dave Portnoy Insider Lawsuit Dismissed
Portnoy argued Insider ran a “targeted smear campaign” to drive subscriptions. Saylor rejected that theory, writing that if a profit motive could strip constitutional protection from the press, landmark First Amendment rulings “would be little more than empty vessels.” He cited the Supreme Court’s decision in Harte-Hanks Communications v. Connaughton.5Law.com. Portnoy v. Insider Inc., Memorandum and Order
The court also found Insider had done substantial corroboration. Reporters relied on photographs, text and social media messages, videos, medical reports, police documents, an Uber receipt, and statements from friends the women confided in. Insider gave Portnoy a chance to respond and included his denials in the published articles.4Sportico. Dave Portnoy Insider Lawsuit Dismissed
On the privacy claim, Saylor held that “issues of consent and power imbalance in sexual relationships are very much matters of current public concern” and that Portnoy had no reasonable expectation of privacy in the messages Insider quoted.4Sportico. Dave Portnoy Insider Lawsuit Dismissed
Appeal Dropped
Portnoy filed a notice of appeal to the First Circuit shortly after the dismissal. On January 31, 2023, lawyers for both sides filed a stipulation ending the appeal, with each party covering its own costs. That closed the case.1Axios. Dave Portnoy Withdraws Appeal of Lawsuit Against Insider
The SafeMoon Class Action
In May 2022, Portnoy was named as a defendant in Rackauckas v. SafeMoon US, No. 2:22-cv-00332, filed in the U.S. District Court for the District of Utah. The complaint alleged that SafeMoon and its celebrity promoters engaged in securities fraud by artificially inflating token prices through false claims about locked liquidity pools and price floors. It identified Portnoy as someone who “heavily promoted” the token on social media.6Bloomberg Law. SafeMoon Crypto Investors Bring Another Class Action Fraud Suit
Portnoy denied being paid. He said he “didn’t get a nickel from Safemoon,” had publicly warned it might be a scam, and had lost $40,000 of his own money in the token. “I’m the only guy who loses all his money in SafeMoon and gets sued for it,” he told followers after being served.7Decrypt. Barstool Sports Dave Portnoy Says Hes Being Sued by SafeMoon Investors The plaintiff voluntarily dismissed the case on November 2, 2022, without prejudice, which leaves open the possibility of refiling.8CourtListener. Rackauckas v. SafeMoon US Docket
The NLRB Anti-Union Complaint
In August 2019, Portnoy wrote a blog post saying he would “smash their little union to smithereens” and tweeted, “If you work for @barstoolsports and DM this man I will fire you on the spot,” aimed at a journalist offering unionization information to Barstool employees. Labor groups filed unfair labor practice charges with the National Labor Relations Board.9Bloomberg Law. Barstool Sports Owner Tweetstorm Brings Labor Complaint10The Hollywood Reporter. National Labor Relations Board Investigate Barstool Sports Founders Tweets
An NLRB regional director approved an informal settlement on December 18, 2019. Barstool did not admit any violation of the National Labor Relations Act. The company agreed to delete the offending tweets, shut down a fake @BSSUNION Twitter account it had used to identify employees interested in organizing, take down specific anti-union videos, notify employees of their right to organize, and post federal labor rights notices at its New York headquarters and satellite offices for at least 60 days.11Bloomberg Law. Barstool Sports Settles With Labor Board Over Anti-Union Tweets
The Ole Miss Rumor and Threatened Defamation Suit
In late February 2025, a false rumor spread online claiming that University of Mississippi freshman Mary Kate Cornett had an affair with her boyfriend’s father. ESPN host Pat McAfee, Barstool Sports personalities, and former NFL receiver Antonio Brown were among those who amplified it. Cornett said the harassment forced her into emergency housing and online classes.12NBC News. Dave Portnoy Barstool Sports Ole Miss Rumors
Her family hired lawyers and forensic investigators, filed reports with campus police, local authorities, and the FBI, and threatened McAfee and ESPN with legal action.13New York Post. Pat McAfee Apologizes for Role in Mary Kate Cornett Scandal Her attorneys told Portnoy’s side she had grounds for a defamation claim and offered two options: mediation or a lawsuit.12NBC News. Dave Portnoy Barstool Sports Ole Miss Rumors
In an April 2025 NBC News interview, Portnoy apologized. “I would apologize,” he said. “I get why the family is pissed. I’m sad and I wish we didn’t play any part in it.” He called the conduct of Barstool employees Kevin Clancy and Jack McGuire, who had posted about the rumor on their personal accounts, “really stupid.” Portnoy said the situation was morally wrong but denied any legal wrongdoing by Barstool, and indicated the parties planned to proceed with mediation.14New York Post. Barstool Sports Dave Portnoy Apologizes to Mary Kate Cornett15The Independent. Dave Portnoy Ole Miss Apologize Rumor As of mid-2025, no formal suit had been filed.
Copyright Disputes and a 2015 Arrest
Barstool has a long copyright history. According to a 2018 lawsuit filed by photographer Brigitte Stelzer, the company faced 11 copyright infringement suits between 2016 and 2018, all of which were settled. A 2023 Daily Beast investigation reported that Barstool ran a network of more than 40 “sock puppet” Twitter accounts registered to barstoolsports.com email addresses, allegedly used to post copyrighted sports clips and absorb DMCA takedown notices so the company’s main accounts would avoid strikes.16Business Insider. Dave Portnoy Barstool Sports Reportedly Sock Puppet Accounts Avoided Copyright
Portnoy himself was arrested on May 12, 2015, after he and several Barstool employees staged a Deflategate protest at NFL headquarters in New York City. The group handcuffed themselves together on the floor of the Park Avenue building in support of Tom Brady and refused to leave when told police were coming.17Fox Sports. Website Founder Arrested for Patriots Protest at NFL Offices