A federal appeals court has reinstated a lawsuit filed by the parents of murdered DNC staffer Seth Rich against Fox News over its role in an alleged scheme to falsely link Rich to the disclosure of DNC emails to WikiLeaks
A federal appeals court has reinstated a lawsuit filed by the parents of murdered Democratic National Committee staffer Seth Rich against Fox News over its role in an alleged scheme to falsely link Rich to the disclosure of DNC emails to WikiLeaks.
The Riches’ suit, which named Zimmerman and Butowsky as defendants along with the cable news channel, was not framed as a defamation case, but instead as a complaint for intentional infliction of emotional distress and for interference with a contract the family had with a private investigator who also worked for Fox, Rod Wheeler.Sign Up
U.S. District Court Judge George Daniels said those alleged steps, taken individually, were not so outrageous to sustain a suit for inflicting emotional distress, but the appeals court said when all the claims were considered they did meet the standard. The appeals court ruling also says the case doesn’t tee up the issue of whether ordinary newsgathering could trigger liability for interfering in a source’s contract pledging confidentiality to someone else.
“To this day, Fox News makes available online at least two videos repeating, almost verbatim, the content of the Zimmerman story,” Calabresi wrote, adding that the courtA statement from Fox and a separate comment from an attorney for Butowsky expressed disappointment in the appeals court’s ruling, but said the suit will eventually run aground because the key claims in it are simply not true.
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